We are very pleased about your interest in our association. Data protection is of particularly high importance for Hackerstolz e.V. (hereinafter referred to as “Hackerstolz”). The use of Hackerstolz’s internet pages is possible without any indication of personal data. However, if an affected person wishes to use special services of our association via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject. The processing of personal data, such as the name, address, email address, or phone number of a data subject, shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Hackerstolz. Through this data protection declaration, our association intends to inform the general public of the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed, via this data protection declaration, of the rights to which they are entitled. As the controller, Hackerstolz has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
1. Definitions
The data protection declaration of Hackerstolz is based on the terms used by the European legislator for the adoption of the GDPR. Our data protection declaration should be legible and understandable for the general public, as well as our members and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“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 to 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 is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
c) Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, 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 processing in the future.
e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
f) Pseudonymization
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or 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 or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
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
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
k) Consent
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller
Controller for the purposes of the GDPR, other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Hackerstolz e.V.
c/o Jascha A Quintern
Heinrich-Lanz-Strasse 16
68165 Mannheim
Germany
Email: info@hackerstolz.de
3. Cookies
The websites of Hackerstolz use cookies. Cookies are text files that are stored and saved on a computer system via an internet browser. Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID, which is a unique identifier of the cookie. It consists of a string of characters through which websites and servers can assign the specific internet browser in which the cookie was stored.
This allows the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified by the unique cookie ID. The use of cookies enables Hackerstolz to provide user-friendly services to the users of this website that would not be possible without the cookie setting. With the help of a cookie, the information and offers on our website can be optimized in the interest of the user. As mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter his access data each time he visits the website because this is taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in an online store. The online store remembers the items that a customer has placed in the virtual shopping cart via a cookie. The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the internet browser used and thus permanently deny the setting of cookies. Furthermore, already set cookies can be deleted at any time via an internet browser or other software programs. This is possible in all popular internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully usable.
4. Collection of general data and information
The website of Hackerstolz collects a series of general data and information with each call to the website by a data subject or an automated system. These general data and information are stored in the server’s log files. Recorded may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system comes to our website (so-called referrer), (4) the sub-websites which via an accessing system are directed to our website, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems. When using these general data and information, Hackerstolz does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize 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 criminal prosecution in the event of a cyber attack. Therefore, the anonymously collected data and information are, on the one hand, statistically evaluated by Hackerstolz and, on the other hand, evaluated with the aim of increasing data protection and data security in our association to ultimately 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. Contact possibility via the website
The website of Hackerstolz contains legal requirement stipulations that facilitate rapid electronic contact with our association, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller responsible for processing by e-mail or through a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller is stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
6. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject 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.
7. Rights of the data subject
a) Right to confirmation
Every data subject has the right granted by the European directive and regulatory authority to require the controller to confirm whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may at any time contact an employee of the controller.
b) Right to information
Any person affected by the processing of personal data has the right granted by the European directive and regulatory authority to obtain free information about their stored personal data and a copy of this information from the controller at any time. Furthermore, the European directive and regulatory authority have allowed the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data being processed;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, particularly for recipients in third countries or international organizations;
- where possible, the planned duration for which the personal data will be stored, or, if not possible, the criteria used to determine that duration;
- the existence of a right to rectification or erasure of the personal data that concerns them, or restriction of processing by the controller, or to object to such processing;
- the existence of a right to lodge a complaint with a supervisory authority;
- if the personal data is not collected from the data subject: Any available information regarding the source of the data;
- 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 on the logic involved as well as the significance and intended consequences of such processing for the data subject.
Furthermore, the data subject has the right to information as to whether personal data has been transferred to a third country or to an international organization. Where this is the case, the data subject also has the right to obtain information about the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right to information, they may at any time contact an employee of the controller.
c) Right to rectification
Any person affected by the processing of personal data has the right granted by the European directive and regulatory authority to demand the immediate correction of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request completion of incomplete personal data – including by means of a supplementary statement. If a data subject wishes to exercise this right to rectification, they may at any time contact an employee of the controller.
d) Right to erasure (right to be forgotten)
Any person affected by the processing of personal data has the right granted by the European directive and regulatory authority to demand that the controller erase the personal data concerning them immediately, provided one of the following reasons applies and the processing is not necessary:
- The personal data were collected for such purposes or processed in any other way for which they are no longer necessary.
- The data subject withdraws their consent, on which the processing is based according to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Art. 21(1) GDPR, and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
- The personal data were processed unlawfully.
- The erasure of personal data is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject.
- The personal data have been collected concerning offered services of the information society according to Art. 8(1) GDPR.
If one of the above reasons applies, and a data subject wishes to arrange for the deletion of personal data that is stored by Hackerstolz, they may at any time contact the board of directors of the controller. The board of Hackerstolz will ensure that the deletion request is complied with immediately. If the personal data has been made public by Hackerstolz and our association as the controller is obliged to delete the personal data according to Art. 17(1) GDPR, Hackerstolz will take appropriate measures, including technical ones, considering the available technology and the cost of implementation, to inform other controllers processing the disclosed personal data that the data subject has requested from those other controllers the deletion of all links to such personal data or of copies or replications of such personal data, as long as the processing is not required. The board of Hackerstolz will arrange the necessary measures on a case-by-case basis.
e) Right to restriction of processing
Any person subject to the processing of personal data has the right granted by the European directive and regulatory authority to require the controller to restrict processing if one of the following conditions applies:
- 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.
- The processing is unlawful, the data subject refuses the erasure of the personal data and instead requests the restriction of their use.
- The controller no longer needs the personal data for processing purposes, but the data subject needs them for the establishment, exercise, or defense of legal claims.
- The data subject has objected to processing pursuant to Art. 21(1) GDPR, and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
If one of the above conditions is met, and a data subject wishes to request the restriction of personal data stored by Hackerstolz, they may at any time contact the board of directors of the controller. The board of Hackerstolz will arrange the restriction of processing.
f) Right to data portability
Every person affected by the processing of personal data has the right granted by the European directive and regulatory authority to receive the personal data concerning them, which they have provided to a controller, in a structured, common, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and the processing is carried out using automated processes, 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 Art. 20(1) GDPR, the data sujet has the right to have the 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 the board of directors of Hackerstolz.
g) Right to object
Each person affected by the processing of personal data has the right granted by the European directive and regulatory authority to object, on grounds relating to their particular situation, at any time to the processing of personal data concerning them, which is based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions. Hackerstolz 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 defense of legal claims. If Hackerstolz processes personal data for direct marketing purposes, the data subject has 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 Hackerstolz to the processing for direct marketing purposes, Hackerstolz will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them by Hackerstolz for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89(1) 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 directly contact the board of directors of Hackerstolz or another employee. The data subject is also 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 decisions in individual cases including profiling
Each data subject has the right granted by the European directive and regulatory authority to not be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and a controller, or (2) is authorized 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 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 controller, or (2) it is based on the data subject’s explicit consent, Hackerstolz 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 an employee of the controller.
i) Right to revoke consent under data protection law
Every data subject affected by the processing of personal data has the right granted by the European legislator of directives and regulations to revoke consent for the processing of personal data at any time. If the data subject wishes to exercise their right to revoke consent, they may at any time contact an employee of the controller responsible for the processing.
8. Data protection provisions about the application and use of Facebook
The controller responsible for processing has integrated components of the company Facebook on this website. Facebook is a social network. A social network is an Internet-operated social meeting place, an online community that generally allows users to communicate with each other and interact in a virtual space. A social network can serve as a platform for exchanging opinions and experiences or enables the Internet community to provide personal or business-related information. Facebook allows users of the social network to create private profiles, upload photos, and network through friend requests, among other things. The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject lives outside the USA or Canada, the controller for the processing of personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. Each time one of the individual pages of this website operated by the controller responsible for processing and on which a Facebook component (Facebook plug-in) has been integrated is called up, the Internet browser on the data subject’s information technology system is automatically prompted by the respective Facebook component to download a representation of the corresponding Facebook component from Facebook. An overview of all Facebook plug-ins can be retrieved from developers.facebook.com/docs/plugins/. During this technical process, Facebook becomes aware of the specific subpage of our website visited by the data subject. If the data subject is logged into Facebook at the same time, Facebook recognizes which specific subpage of our website the data subject is visiting each time the data subject accesses our website and for the entire duration of their stay on our website. This information is collected by the Facebook component and associated with the data subject’s respective Facebook account. If the data subject clicks one of the Facebook buttons integrated into our website, e.g., the “Like” button, or if the data subject submits a comment, Facebook assigns this information to the data subject’s personal Facebook user account and stores this personal data. Facebook always receives information via the Facebook component that the data subject has visited our website if the data subject is logged into Facebook at the time of calling up our website; this occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of this information to Facebook is not desired by the data subject, the delivery may be prevented if the data subject logs out of their Facebook account before calling up our website. The published data policy of Facebook, available under de-de.facebook.com/about/privacy/, provides information about the collection, processing, and use of personal data by Facebook. It also explains the settings Facebook offers to protect the privacy of the data subject. In addition, various applications are available that can suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transmission to Facebook.
9. Data protection provisions about the application and use of YouTube
The controller responsible for the processing has integrated components of YouTube on this website. YouTube is an Internet video portal that allows video publishers to post videos and other users to view, rate, and comment on them for free. YouTube allows the publication of all types of videos, so that both complete movies and television broadcasts, as well as music videos, trailers, or videos made by users themselves, can be accessed via the Internet portal. The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. Each time one of the individual pages of this website operated by the controller responsible for processing and on which a YouTube component (YouTube video) has been integrated is called up, the Internet browser on the information technology system of the data subject is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information on YouTube can be obtained under www.youtube.com/yt/about/de/. During this technical process, YouTube and Google become aware of the specific subpage of our website visited by the data subject. If the data subject is logged into YouTube at the same time, YouTube recognizes which specific subpage of our website the data subject is visiting by calling up a subpage containing a YouTube video. This information is collected by YouTube and Google and associated with the data subject’s respective YouTube account. YouTube and Google always receive information through the YouTube component that the data subject has visited our website if the data subject is logged into YouTube at the time of calling up our website; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transfer of this information to YouTube and Google is not desired by the data subject, the delivery may be prevented if the data subject logs out of their YouTube account before calling up our website. The data protection provisions published by YouTube, which are available under www.google.de/intl/de/policies/privacy/, provide information on the collection, processing, and use of personal data by YouTube and Google.
9. Privacy Policy for the use of the web messaging service twitter.com
We have also integrated the web messaging service twitter.com on our website. This service is provided by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA. Twitter offers the so-called “Tweet” function. With this function, users can publish 140-character messages, also containing website links, in their own Twitter account. If you use Twitter’s “Tweet” function on our websites, the respective website is linked to your Twitter account and may be made public. Data is also transferred to Twitter during this process. We are not aware of the content of the transmitted data and its use by Twitter. Therefore, for further information, please consult Twitter’s privacy policy: http://twitter.com/privacy. Twitter offers you the opportunity to set your own privacy settings under the following link: http://twitter.com/account/settings.
10. Privacy Policy for the use of Slack
Communication within our community partly takes place via a business application from the provider Slack Technologies, Inc., 500 Howard Street, San Francisco, California 94105. We have entered into a contract with Slack for data processing in accordance with Art. 28 GDPR.
The provider offers us a virtual workspace that allows us to communicate easily and quickly within our community and within the association. In the process, the provider processes personal data on our behalf, for example, data that you provide to us when using our services.
The legal basis for order processing is Art. 28 GDPR. Ensuring efficient and rapid communication within our association and with interested parties also represents our legitimate interest in accordance with Art. 6 Abs. 1 S. 1 f GDPR.
Slack Technologies, Inc. is certified under the EU-US Privacy Shield, an agreement that ensures compliance with EU data protection regulations. You can find Slack Technologies, Inc.’s privacy policy via the following link: https://slack.com/intl/de-de/privacy-policy
11. Legal basis for processing
Art. 6 I 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 a party, as is the case, for example, for processing operations necessary for the supply of goods or the provision of any other service or consideration, the processing is based on Art. 6 I 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 regarding our products or services. If our association is subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, 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 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 parties. Then the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. On this legal basis, processing operations which are not covered by any of the above legal grounds are based if processing is necessary for the purposes of the legitimate interests pursued by our association 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. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
12. Legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6 I lit. f GDPR our legitimate interest is to carry out our association activities in favor of the well-being of all our members and our business partners.
13. Period for which the personal data will be stored
The criterion used to determine the period of storage of personal data is the respective statutory retention period. After the expiration of that period, the corresponding data is routinely deleted, provided it is no longer necessary for the fulfillment or initiation of the contract.
14. Provision of personal data as a statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide 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 a 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 association signs a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact one of our employees. Our 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 not providing the personal data.
15. Existence of automated decision-making
As a responsible association, we do not use automated decision-making or profiling.
For further inquiries, please contact the office
Hackerstolz e.V.
c/o Jascha A. Quintern
Heinrich-Lanz-Strasse 16
68165 Mannheim
Email: info@hackerstolz.de