Privacy Policy
Stiftung Michael Thomas Schröder – Sammlung für Gegenwartskunst
This is a translation for convenience. The German version is the legally binding one.
INFORMATION ON DATA PROTECTION.
With this privacy notice, we inform you about how we handle your personal data and about your rights under the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). The controller responsible for data processing is Orca Affairs GmbH (hereinafter referred to as “we” or “us”).
I. General information
1. Contact
If you have any questions or suggestions regarding this information or wish to contact us in order to exercise your rights, please direct your request to
Stiftung Michael Thomas Schröder Sammlung für Gegenwartskunst Invalidenstrasse 16, DE-10115 Berlin Tel.: +49 17612991212 www.stiftung-mts.de
E-mail michaelthomas.schroeder@stiftung-mts.de
2. Legal bases
The data protection term “personal data” refers to all information relating to an identified or identifiable natural person. We process personal data in compliance with the relevant data protection regulations, in particular the GDPR and the BDSG (German Federal Data Protection Act). Data processing by us takes place only on the basis of a legal permission. We process personal data only with your consent (§ 25 para. 1 TTDSG (German Telecommunications-Telemedia Data Protection Act) or Art. 6 para. 1 lit. a GDPR), for the performance of a contract to which you are a party, or at your request in order to take steps prior to entering into a contract (Art. 6 para. 1 lit. b GDPR), for compliance with a legal obligation (Art. 6 para. 1 lit. c GDPR), or where processing is necessary for the purposes of our legitimate interests or the legitimate interests of a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require the protection of personal data (Art. 6 para. 1 lit. f GDPR).
3. Duration of storage
Unless otherwise stated in the following notices, we store data only for as long as is necessary to achieve the purpose of processing or to fulfil our contractual or legal obligations. Such statutory retention obligations may arise in particular from commercial or tax law provisions. From the end of the calendar year in which the data was collected, we will retain such personal data contained in our accounting records for ten years and personal data contained in commercial letters and contracts for six years. In addition, we will retain data in connection with consents subject to proof requirements as well as with complaints and claims for the duration of the statutory limitation periods. We will delete data stored for advertising purposes if you object to processing for this purpose.
4. Categories of recipients of the data
We use processors in the course of processing your data. The processing operations carried out by such processors include, for example, hosting, e-mail dispatch, maintenance and support of IT systems, customer and order management, accounting and invoicing, marketing measures, or the destruction of files and data carriers. A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller responsible for data processing. Processors do not use the data for their own purposes but carry out the data processing exclusively for the controller and are contractually obliged to ensure appropriate technical and organisational measures for data protection. In addition, we may transfer your personal data to bodies such as postal and delivery services, our house bank, tax consultancy/auditing firms or the tax authorities. Further recipients may arise from the following notices.
5. Data transfer to third countries
Our data processing operations may involve the transfer of certain personal data to third countries, i.e. countries in which the GDPR is not applicable law. Such a transfer takes place in a permissible manner if the European Commission has determined that an adequate level of data protection is ensured in such a third country. If no such adequacy decision by the European Commission exists, a transfer of personal data to a third country takes place only if appropriate safeguards pursuant to Art. 46 GDPR are in place or if one of the conditions of Art. 49 GDPR is met.
If you consent to the transfer of personal data to third countries, the transfer takes place on the legal basis of Art. 49 para. 1 lit. a GDPR.
6. Processing when exercising your rights
If you exercise your rights pursuant to Art. 15 to 22 GDPR, we process the personal data transmitted for the purpose of implementing these rights on our part and in order to be able to provide proof thereof. Data stored for the purpose of providing information and preparing to do so will be processed by us only for this purpose and for the purposes of data protection monitoring, and otherwise we will restrict processing in accordance with Art. 18 GDPR.
These processing operations are based on the legal basis of Art. 6 para. 1 lit. c GDPR in conjunction with Art. 15 to 22 GDPR and § 34 para. 2 BDSG (German Federal Data Protection Act).
7. Your rights
As a data subject, you have the right to assert your data subject rights against us. In particular, you have the following rights:
- In accordance with Art. 15 GDPR and § 34 BDSG, you have the right to request information as to whether and, if applicable, to what extent we process personal data relating to you or not.
- You have the right to request the rectification of your data from us in accordance with Art. 16 GDPR.
- You have the right to request the erasure of your personal data from us in accordance with Art. 17 GDPR and § 35 BDSG.
- You have the right to have the processing of your personal data restricted in accordance with Art. 18 GDPR.
- You have the right, in accordance with Art. 20 GDPR, to receive the personal data concerning you which you have provided to us in a structured, commonly used and machine-readable format and to transmit this data to another controller.
- If you have given us separate consent to data processing, you may withdraw this consent at any time in accordance with Art. 7 para. 3 GDPR. Such a withdrawal does not affect the lawfulness of processing carried out on the basis of the consent up to the time of withdrawal.
- If you believe that the processing of personal data concerning you infringes the provisions of the GDPR, you have the right to lodge a complaint with a supervisory authority in accordance with Art. 77 GDPR.
8. Right to object
In accordance with Art. 21 para. 1 GDPR, you have the right to object, on grounds relating to your particular situation, to processing operations based on the legal basis of Art. 6 para. 1 lit. e or f GDPR. Insofar as we process personal data about you for the purpose of direct marketing, you may object to this processing pursuant to Art. 21 para. 2 and para. 3 GDPR.
9. Data protection officer
You can reach our data protection officer using the following contact details:
E-mail: datenschutzbeauftragter@orca-affairs.de Herting Oberbeck Datenschutz GmbH Hallerstr. 76, 20146 Hamburg https://www.datenschutzkanzlei.de
II. Data processing on our website
When you use the website, we collect information that you provide yourself. In addition, certain information about your use of the website is automatically collected by us during your visit to the website. Under data protection law, the IP address is generally also considered personal data. An IP address is assigned to every device connected to the Internet by the Internet provider so that it can send and receive data.
1. Processing of server log files
When our website is used purely for informational purposes, general information that your browser transmits to our server is initially stored automatically (i.e. not via a registration). This includes by default: browser type/version, operating system used, page accessed, the previously visited page (referrer URL), IP address, date and time of the server request and HTTP status code. The processing is carried out to safeguard our legitimate interests and is based on the legal basis of Art. 6 para. 1 lit. f GDPR. This processing serves the technical administration and security of the website. The stored data is deleted after eight weeks unless, on the basis of concrete indications, there is a justified suspicion of unlawful use and further examination and processing of the information is necessary for this reason. We are not able to identify you as a data subject on the basis of the stored information. Art. 15 to 22 GDPR therefore do not apply pursuant to Art. 11 para. 2 GDPR, unless you provide additional information enabling your identification in order to exercise your rights set out in these articles.
2. Audience measurement without cookies
We count visits to this website ourselves, on our own server, without cookies and without third-party services. No data is transferred to other companies, and no profile is created across websites.
The following is processed: the page requested, date and time, the referring website, browser, operating system, device type, window width, the browser's language setting and the time spent on the page.
From your IP address and browser identification we form a checksum using a random value that changes daily. The IP address itself is not stored. The checksum cannot be reversed and differs the next day, so recognition beyond a single day is impossible. We cannot identify you as a person.
The legal basis is Art. 6(1)(f) GDPR. Our legitimate interest is to learn how our website is used in order to improve it. As no information is stored on or read from your device, no consent is required under Section 25(2) TDDDG.
If your browser sends the “Do Not Track” setting, we do not count your visit. Access by search engine robots and similar programs is likewise not counted.
We delete the daily figures after 14 months; after that only monthly totals remain, which no longer relate to individuals. You may object to this processing at any time (contact details above).
III. Data processing on our social media pages
We are represented on several social media platforms with a company page. In this way, we would like to offer further opportunities to provide information about our company and to exchange views. Our company has company pages on the following social media platforms:
- YouTube
When you visit or interact with a profile on a social media platform, personal data about you may be processed. The information associated with a social media profile that is used also regularly constitutes personal data. This also includes messages and statements made using the profile. In addition, during your visit to a social media profile, certain information about this is often automatically collected, which may also constitute personal data.
1. Visiting a social media page
When you visit our Instagram page, through which we present our company or individual products from our offering, certain information about you is processed. The sole controller for this processing of personal data is Meta Platforms Ireland Limited (Ireland/EU – “Meta”). Further information about the processing of personal data by Meta is available at https://www.facebook.com/privacy/explanation . Meta offers the option of objecting to certain data processing operations; information and opt-out options in this regard can be found at h ttps://www.facebook.com/settings?tab=ads .
For our Instagram page, Meta provides us with statistics and insights in anonymised form, which help us obtain insights into the types of actions that people take on our page (so-called “Page Insights”). These Page Insights are created on the basis of certain information about people who have visited our page. This processing of personal data is carried out by Meta and us as joint controllers. The processing serves our legitimate interest in evaluating the types of actions taken on our page and improving our page on the basis of these insights. The legal basis for this processing is Art. 6 para. 1 lit. f GDPR. We cannot assign the information obtained via Page Insights to individual user profiles that interact with our Instagram page. We have concluded an agreement with Meta on processing as joint controllers, which sets out the allocation of data protection obligations between us and Meta. Details on the processing of personal data for the creation of Page Insights and the agreement concluded between us and Meta are available at https://www.facebook.com/legal/terms/information_about_page_insights_data . With regard to these data processing operations, you have the option of asserting your data subject rights (see “Your rights”) against Meta as well. Further information on this can be found in Meta's privacy policy at https://www.facebook.com/privacy/explanation .
Please note that, in accordance with Meta's data protection provisions, user data is also processed in the USA or other third countries. Meta transfers user data only to countries for which an adequacy decision by the European Commission pursuant to Art. 45 GDPR exists or on the basis of appropriate safeguards pursuant to Art. 46 GDPR.
b. LinkedIn
For the processing of personal data when visiting our LinkedIn page, LinkedIn Ireland Unlimited Company (Ireland/EU – “LinkedIn”) is generally the sole controller. Further information about the processing of personal data by LinkedIn is available at https://www.linkedin.com/legal/privacy-policy?trk=homepage-basic_footer-privacy-policy .
When you visit our LinkedIn company page, follow this page or engage with the page, LinkedIn processes personal data in order to provide us with statistics and insights in anonymised form. This gives us insights into the types of actions that people take on our page (so-called Page Insights). For this purpose, LinkedIn processes in particular such data that you have already made available to LinkedIn through the information in your profile, such as data on function, country, industry, seniority, company size and employment status. In addition, LinkedIn will process information about how you interact with our LinkedIn company page, e.g. whether you are a follower of our LinkedIn company page. With the Page Insights, LinkedIn does not provide us with any personal data about you. We only have access to the aggregated Page Insights. Nor is it possible for us to draw conclusions about individual members from the information in the Page Insights. This processing of personal data in the context of Page Insights is carried out by LinkedIn and us as joint controllers. The processing serves our legitimate interest in evaluating the types of actions taken on our LinkedIn company page and improving our company page on the basis of these insights. The legal basis for this processing is Art. 6 para. 1 lit. f GDPR. We have concluded an agreement with LinkedIn on processing as joint controllers, which sets out the allocation of data protection obligations between us and LinkedIn. The agreement is available at: https://legal.linkedin.com/pages-joint-controller-addendum . According to this agreement, the following applies:
- LinkedIn and we have agreed that LinkedIn is responsible for enabling you to exercise your rights under the GDPR. You can contact LinkedIn online for this purpose via the following link ( https://www.linkedin.com/help/linkedin/ask/PPQ?lang=de ) or reach LinkedIn via the contact details in the privacy policy. You can contact the data protection officer at LinkedIn Ireland via the following link: h ttps://www.linkedin.com/help/linkedin/ask/TSO-DPO . You may also contact us using the contact details we have provided in order to exercise your rights in connection with the processing of personal data in the context of Page Insights. In such a case, we will forward your request to LinkedIn.
- LinkedIn and we have agreed that the Irish Data Protection Commission is the lead supervisory authority that monitors the processing for Page Insights. You always have the right to lodge a complaint with the Irish Data Protection Commission (see www.dataprotection.ie) or with any other supervisory authority.
Please note that, in accordance with LinkedIn's privacy policies, personal data is also processed by LinkedIn in the USA or other third countries. LinkedIn transfers personal data only to countries for which an adequacy decision by the European Commission pursuant to Art. 45 GDPR exists or on the basis of appropriate safeguards pursuant to Art. 46 GDPR.
c. YouTube
For the processing of personal data when visiting our YouTube channel, Google Ireland Limited (Ireland/EU) is generally the sole controller. Further information about the processing of personal data by YouTube or Google Ireland Limited is available at https://policies.google.com/privacy .
2. Comments and direct messages
We also process information that you have made available to us via our company page on the respective social media platform. Such information may include the username used, contact details or a message to us. These processing operations are carried out by us as the sole controller. We process this data on the basis of our legitimate interest in getting in touch with persons making enquiries. The legal basis for the data processing is Art. 6 para. 1 lit. f GDPR. Further data processing may take place if you have given your consent (Art. 6 para. 1 lit. a GDPR) or if this is necessary for compliance with a legal obligation (Art. 6 para. 1 lit. c GDPR).
IV. Further data processing
1. Contact by e-mail
If you send us a message via the contact e-mail address provided, we will process the data transmitted for the purpose of responding to your enquiry. We process this data on the basis of our legitimate interest in getting in touch with persons making enquiries. The legal basis for the data processing is Art. 6 para. 1 lit. f GDPR.
2. Customer and prospect data
If you contact our company as a customer or prospective customer, we process your data to the extent necessary for establishing or performing the contractual relationship. This regularly includes the processing of the personal master, contract and payment data provided to us as well as the contact and communication data of our contact persons at commercial customers and business partners. The legal basis for these processing operations is Art. 6 para. 1 lit. f GDPR. In addition, we process customer and prospect data for evaluation and marketing purposes. These processing operations are carried out on the legal basis of Art. 6 para. 1 lit. f GDPR and serve our interest in further developing our offering and informing you specifically about our offers. Further data processing may take place if you have given your consent (Art. 6 para. 1 lit. a GDPR) or if this is necessary for compliance with a legal obligation (Art. 6 para. 1 lit. c GDPR).
3. Job applications
If you apply to our company, we process your application data exclusively for purposes related to your interest in current or future employment with us and the processing of your application. Your application will only be handled and reviewed by the relevant contact persons at our company. All employees entrusted with data processing are obliged to maintain the confidentiality of your data. Should we be unable to offer you employment, we will retain the data you have transmitted for up to six months after any rejection for the purpose of answering questions in connection with your application and rejection. This does not apply if statutory provisions preclude deletion, if further storage is necessary for the purpose of providing evidence, or if you have expressly consented to longer storage.
The legal basis for the data processing is § 26 para. 1 sentence 1 BDSG (German Federal Data Protection Act). Should we retain your application data beyond the period of six months and you have expressly consented to this, we point out that this consent may be freely withdrawn at any time in accordance with Art. 7 para. 3 GDPR. Such a withdrawal does not affect the lawfulness of processing carried out on the basis of the consent up to the time of withdrawal.
