CONSIDERING THE DSGVO – as of 14.05.2018
By means of this data protection declaration, our foundation would like to inform the public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, users are informed of the rights to which they are entitled.
Data protection is a high priority for the board and directors of our foundation. The use of our internet pages is possible without divulging any personal data. However, if a user wishes to access special services via our website, processing personal data could become necessary. If this is the case and there is no statutory basis for such processing, we obtain consent from the user.
The processing of personal data, such as the name, address, email address, and telephone number of a user is always in line with the EU General Data Protection Regulation (GDPR), and in accordance with German data protection regulations applicable to the Maecenata Foundation.
As the controller, the Maecenata Foundation has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, internet-based data transmissions may have security gaps, so absolute protection may not be guaranteed. For this reason, every user is free to transfer personal data to us via alternative means, e.g., by telephone.
The data protection declaration of the Maecenata Foundation is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). To ensure that our data protection declaration is legible and understandable for the public, as well as our stakeholders, we would like to first explain the terminology used.
2. Name and Address of the Controller and Data Protection Officer
The controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Maecenata Stiftung, Oberfoehringer Strasse 18, 81679 Munich, Germany, Phone +49 (0)89-215 465 07, Email: firstname.lastname@example.org, Website: www.maecenata.eu
The data protection officer of the controller is: Ms. Ilka Kleinod, Maecenata Stiftung, Rungestrasse 17, 10179 Berlin, Germany, Phone: +49 (0)30-283 879 09, Email: email@example.com, Website: www.maecenata.eu
Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which internet pages and servers can be assigned to the specific internet browser in which the cookie was stored. This allows visited internet sites and servers to differentiate the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognised and identified using the unique cookie ID.
4. Collection of general data and information
The website of the Maecenata Foundation collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the internet site, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems may be collected.
When using these general data and information, the Maecenata Foundation does not draw any conclusions about the user. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Maecenata Foundation analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our foundation, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Registration on our website
The user has the possibility to register on our website, divulging personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the user are collected and stored exclusively for internal use by the controller, and for their own purposes. The controller may request transfer to one or more processors (e.g., a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.
By registering on the website, the IP address (assigned by the internet service provider (ISP) and used by the data subject), date, and time of the registration are also stored. The storage of this data takes place because this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the user, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. All the controller’s employees are available to the data subject in this respect as contact persons.
6. Subscription to our newsletters
On the website of the Maecenata Foundation, users are given the opportunity to subscribe to our newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
The Maecenata Foundation informs its stakeholders regularly by means of a newsletter. The foundation’s newsletter may only be received by the user if (1) the data subject has a valid email address and (2) the user registers for the newsletter shipping. A confirmation email will be sent to the email address registered by a user for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation email is used to prove whether the owner of the email address as the data subject is authorised to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the email address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by email, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the subscriber at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
7. Newsletter Tracking
The newsletter of the Maecenata Foundation contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such emails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Maecenata Foundation may see if and when an email was opened by a data subject, and which links in the email were selected by users.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analysed by the controller to optimise the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Users are entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure at any time. After a revocation, these personal data will be deleted by the controller. The Maecenata Foundation automatically regards a withdrawal from the receipt of the newsletter as a revocation.
8. Contact possibility via the website
The website of the Maecenata Foundation contains information that enables a quick electronic contact with our foundation, as well as direct communication with us, which also includes a general address of the so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a user to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
9. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the user only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
10. Social Media
As part of our online offer, you will find links or plugins to the LinkedIn, Twitter, Google and YouTube social networks. You will recognise the links from the logo of their respective provider.
Clicking the links opens the corresponding social media site, to which this privacy statement does not apply. For details on provisions that are applicable there, please refer to the respective data protection declarations of the individual providers, which you can find at:
11. Rights of the data subject
a) Right of confirmation: Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of access: Each data subject shall have the right granted by the European legislator to obtain from the controller free information about their personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
c) Right to rectification: Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning them. Considering the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, they may, at any time, contact any employee of the controller.
d) Right to erasure (Right to be forgotten): Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning them without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, if the processing is not necessary:
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Maecenata Foundation, they may, at any time, contact any employee of the controller. An employee of Maecenata Foundation shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employee of the Maecenata Foundation will arrange the necessary measures in individual cases.
e) Right of restriction of processing: Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Maecenata Foundation, they may at any time contact any employee of the controller. An employee of the Maecenata Foundation will arrange the restriction of the processing.
f) Right to data portability: Each data subject shall have the right granted by the European legislator to receive the personal data concerning them, which was provided to a controller, in a structured, commonly used, and machine-readable format. They shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not 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, in exercising their right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. To assert the right to data portability, the data subject may at any time contact any employee of the Maecenata Foundation.
g) Right to object: Each data subject shall have the right granted by the European legislator to object, on grounds relating to their situation, at any time, to processing of personal data concerning them, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The Maecenata Foundation shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the Maecenata Foundation processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning them for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Maecenata Foundation to the processing for direct marketing purposes, the Maecenata Foundation will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to their situation, to object to the processing of personal data concerning them by the Maecenata Foundation for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may contact any employee of the Maecenata Foundation. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use their right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling: Each user shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them, or similarly significantly affects them, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the Maecenata Foundation shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, they may, at any time, contact any employee of the Maecenata Foundation.
i) Right to withdraw data protection consent: Every user shall have the right granted by the European legislator to withdraw their consent to processing of their personal data at any time.
If the data subject wishes to exercise the right to withdraw their consent, they may, at any time, contact any employee of the Maecenata Foundation.
12. Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case if an applicant submits corresponding application documents by email or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g., a burden of proof in a procedure under the General Equal Treatment Act (AGG).
13. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the 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 data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Where our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. They considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
14. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favour of the well-being of all our employees and the shareholders.
15. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, if it is no longer necessary for the fulfilment of the contract or the initiation of a contract.
16. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g., tax regulations) or can also result from contractual provisions (e.g., information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with them. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject 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 the consequences of non-provision of the personal data.
17. Existence of automated decision-making
As a responsible institution, we do not use automatic decision-making or profiling.
18. Use of technical service providers
To implement our Transnational Giving donation programme, we use various service providers to whom data may be transferred as part of the donation processing and payment transactions. Donor data is not passed on to third parties and is used exclusively for the processing of the Transnational Giving donation programme. We use the services of the following technical service providers:
19. Donor data sharing of earmarked donations
The Maecenata Foundation needs to collect donor data to comply with anti-money laundering, tax evasion, and financing of terrorism regulations (AMLCFT), as laid down in European and national law, and to implement our Transnational Giving programme, which accepts earmarked and unrestricted donations to support organisations pursuing charitable purposes at home and abroad. The organisation specified for sponsorship by the donor regularly receives information on the amount and timing of donations received on its behalf, the exact purpose, and the name, address, and email address (if known) of the donor. If this information is not to be provided, this must be communicated to the project management at firstname.lastname@example.org at the time of the donation payment.
MAECENATA FOUNDATION, January 2023
The underlying data protection model was created by the Deutsche Gesellschaft für Datenschutz GmbH (DGD)’s data protection generator, an organisation that conducts data protection audits, in cooperation with the media law firm WILDE BEUGER SOLMECKE.