Privacy Policy

Controller
Deichtorhallen Hamburg GmbH
Deichtorstraße 1+2
20095 Hamburg

Represented by:
Dr. Dirk Luckow, Artistic Director
Bert Antonius Kaufmann, Commercial Director

Phone: +49 40 32 10 32 42
Fax: +49 40 32 10 32 42
Email:

Types of Data Processed:

• Inventory data (e.g., names, addresses)

• Contact data (e.g., email, telephone numbers)

• Content data (e.g., text input, photographs, videos)

• Usage data (e.g., websites visited, interest in content, access times)

• Meta/communication data (e.g., device information, IP addresses)

Purpose of Processing

• Provision of the online offering, its functions, and content

• Responding to contact inquiries and communication with users

• Security measures

• Reach measurement/marketing

Terminology Used
"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 (e.g., cookie), or one or more specific characteristics that express the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

"Processing" means any operation or set of operations which is performed on personal data, whether or not by automated means. The term is broad and includes virtually any handling of data.

"Pseudonymization" means 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.

"Profiling" means any form of automated processing of personal data to evaluate certain personal aspects relating to a natural person, such as analyzing or predicting aspects concerning performance at work, economic situation, health, preferences, interests, reliability, behavior, location, or movements.

"Controller" means 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.

"Processor" means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

Relevant Legal Bases
In accordance with Article 13 GDPR, we inform you of the legal bases of our data processing. Unless the legal basis is explicitly mentioned in this privacy policy, the following applies:

• The legal basis for obtaining consent is Article 6(1)(a) and Article 7 GDPR

• The legal basis for processing for the performance of our services and contractual measures as well as responding to inquiries is Article 6(1)(b) GDPR

• The legal basis for processing to fulfill our legal obligations is Article 6(1)(c) GDPR

• The legal basis for processing to protect our legitimate interests is Article 6(1)(f) GDPR

• Where vital interests of the data subject or another natural person require processing, Article 6(1)(d) GDPR serves as the legal basis.

Security Measures
We take appropriate technical and organizational measures in accordance with Article 32 GDPR to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons.

These measures include safeguarding the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as the access, input, transfer, availability, and separation concerning it. Furthermore, we have established procedures to ensure the exercise of data subject rights, data deletion, and response to data breaches. Additionally, we consider the protection of personal data in the development or selection of hardware, software, and processes, according to the principle of data protection by design and by default (Article 25 GDPR).

Collaboration with Processors and Third Parties
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them, or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g., if data transmission to third parties, such as payment service providers, is necessary for contract fulfillment under Article 6(1)(b) GDPR), you have given consent, a legal obligation provides for this, or based on our legitimate interests (e.g., when using agents, web hosts, etc.).

If we commission third parties with the processing of data based on a so-called "data processing agreement," this is done on the basis of Article 28 GDPR.

Transfers to Third Countries
If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of using third-party services or disclosing/transferring data to third parties, this will only happen if it is necessary to fulfill our (pre)contractual obligations, on the basis of your consent, due to a legal obligation, or based on our legitimate interests. Subject to legal or contractual permissions, we process or allow data to be processed in a third country only if the special conditions of Articles 44 ff. GDPR are met. This means that processing is carried out, for example, based on special guarantees, such as the officially recognized determination of a level of data protection equivalent to that of the EU (e.g., the "Privacy Shield" for the USA) or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").

Rights of Data Subjects
You have the right to request confirmation as to whether data concerning you is being processed and to obtain information about this data, as well as further information and a copy of the data in accordance with Article 15 GDPR.

You have the right under Article 16 GDPR to request the completion of data concerning you or the correction of inaccurate data concerning you.

Pursuant to Article 17 GDPR, you have the right to demand that data concerning you be deleted without undue delay, or alternatively, to request a restriction of the processing of the data pursuant to Article 18 GDPR.

You have the right to receive the data concerning you that you have provided to us in accordance with Article 20 GDPR and to request its transmission to other controllers.

You also have the right to lodge a complaint with the competent supervisory authority in accordance with Article 77 GDPR.

Right to Withdraw Consent
You have the right to withdraw your consent pursuant to Article 7(3) GDPR with effect for the future.

Right to Object
You may object at any time to the future processing of data concerning you in accordance with Article 21 GDPR. In particular, the objection may be made against processing for direct marketing purposes.

Cookies and Right to Object to Direct Advertising
"Cookies" are small files that are stored on users' devices. Various data can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online service. Temporary cookies (or "session cookies") are cookies that are deleted after a user leaves an online service and closes their browser. For example, the contents of a shopping cart or a login status can be stored in such a cookie. "Permanent" or "persistent" cookies remain stored even after the browser is closed. For example, the login status can be saved if users visit the site again after several days. Likewise, users' interests may be stored in such a cookie for range measurement or marketing purposes. "Third-party cookies" are cookies that are offered by providers other than the controller who operates the online service (otherwise, if only their cookies are involved, they are called "first-party cookies").

We may use temporary and permanent cookies and inform you about them in our privacy policy.

If users do not want cookies to be stored on their computer, they are asked to disable the relevant option in their browser's system settings. Stored cookies can be deleted in the browser's system settings. Excluding cookies can lead to functional limitations of this online service.

A general objection to the use of cookies for online marketing purposes can be declared for many services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be prevented by disabling them in the browser settings. Please note that not all functions of this online service may then be usable.

Deletion of Data
The data we process will be deleted or restricted in processing in accordance with Articles 17 and 18 GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

According to legal requirements in Germany, storage is carried out in particular for 10 years in accordance with § 147(1) AO, § 257(1) Nos. 1 and 4, § 257(4) HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with § 257(1) Nos. 2 and 3, § 257(4) HGB (commercial letters).

According to legal requirements in Austria, storage is particularly for 7 years pursuant to § 132(1) BAO (accounting records, receipts/invoices, accounts, vouchers, business papers, income and expenditure statements, etc.), 22 years in connection with real estate, and 10 years for documents related to electronically supplied services, telecommunications, radio, and television services provided to non-entrepreneurs in EU member states for which the Mini-One-Stop-Shop (MOSS) is used.

Hosting and Email Delivery
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email delivery, security services, and technical maintenance services that we use to operate this online offering.

In this context, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta, and communication data of customers, interested parties, and visitors to this online offering based on our legitimate interests in the efficient and secure provision of this online offering pursuant to Article 6(1)(f) GDPR in conjunction with Article 28 GDPR (conclusion of a data processing agreement).

Newsletter
The following information informs you about the content of our newsletter as well as the registration, dispatch, and statistical evaluation process, and your rights of objection. By subscribing to our newsletter, you agree to receive it and the procedures described.

Newsletter Content:
We send newsletters, emails, and other electronic notifications with promotional information (hereinafter "newsletter") only with the consent of the recipients or legal permission. If the content of the newsletter is specifically described during the registration, it is decisive for the users' consent. Otherwise, our newsletters contain information about our services and us.

Double Opt-In and Logging:
The registration for our newsletter takes place using a double opt-in procedure. This means you will receive an email after registration asking you to confirm your registration. This confirmation is necessary to ensure that no one can register with someone else’s email address. The newsletter registrations are logged in order to document the registration process according to legal requirements. This includes the storage of the registration and confirmation time, as well as the IP address. Changes to your data stored with the mailing service provider are also logged.

Registration Data:
To sign up for the newsletter, it is sufficient to provide your email address. Optionally, we ask for a name to address you personally in the newsletter.

The newsletter is sent and its performance measured on the basis of the recipients’ consent in accordance with Article 6(1)(a), Article 7 GDPR in conjunction with § 7(2) No. 3 UWG, or if consent is not required, on the basis of our legitimate interests in direct marketing pursuant to Article 6(1)(f) GDPR in conjunction with § 7(3) UWG.

The logging of the registration process is based on our legitimate interests pursuant to Article 6(1)(f) GDPR. Our interest lies in the use of a user-friendly and secure newsletter system that serves our business interests, meets user expectations, and allows us to prove consent.

Unsubscribe/Withdrawal:
You can cancel the receipt of our newsletter at any time, i.e., withdraw your consent. You will find a link to unsubscribe at the end of each newsletter. We may store unsubscribed email addresses for up to three years based on our legitimate interests to be able to prove previously given consent. The processing of this data is limited to this purpose. An individual request for deletion is possible at any time, provided that the former existence of consent is confirmed.

Newsletter – Mailchimp
The newsletters are sent via "Mailchimp," a newsletter distribution platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the privacy policy of the mailing service provider here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d/b/a Mailchimp is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection levels (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active). The service provider is used based on our legitimate interests in accordance with Article 6(1)(f) GDPR and a data processing agreement pursuant to Article 28(3)(1) GDPR.

The mailing service provider may use the data of recipients in pseudonymized form, i.e., without assigning it to a user, to optimize or improve its own services, e.g., for technical optimization of delivery and display of newsletters or for statistical purposes. However, the mailing service provider does not use the data of our newsletter recipients to contact them or pass it on to third parties.