Duties of information pursuant to Art. 12, 13 et seq. GDPR

Data Privacy Statement by VG Bild-Kunst

Data form the very basis enabling us to provide an excellent service and to perform the tasks assigned to us by our members in the best possible manner. We attach great importance to cultivating a trusting relationship with our members, which is why VG Bild-Kunst takes the protection of personal data so seriously. It goes without saying that we observe and respect the statutory provisions on data protection and data privacy.

In order to be able to further develop and optimise our Internet services on the website, all visits to the site are logged. The protocols contain details of the IP address in current use, the date and time, type of browser, operating system and the sites viewed. As a general rule, the information provided is not personally identifiable, nor is this intended.

1. Name and address of the controller

Your contact as controller within the meaning of the European General Data Protection Regulation (GDPR), other national data protection laws of the Member States and other data protection regulations is:

VG Bild-Kunst
Association with legal capacity by state charter
Weberstr. 61
53113 Bonn
Germany
Phone: +49 (0)228 915340
Fax: +49 (0)228 9153439

(referred to hereinafter as “we”, “us” or “our”)

2. Name and address of the data protection officer

We take the protection of your personal data very seriously. To give expression to this importance, we have commissioned a consulting firm that specialises in data protection and data security to handle these central issues for us. Our data protection officer also comes from this very experienced group of experts. Our data protection officer is:

MAGELLAN Rechtsanwälte, Galileiplatz 1, 81679 Munich
email: datenschutz@bildkunst.de

3. About data processing in general

a. Scope of the processing of personal data
In principle, we only process your personal data to the extent that is required in order to perform our services. Your personal data are generally only processed on the basis of your consent. The exception is in those cases where practical reasons make it impossible for us to obtain your prior consent, or the law gives us permission to process your personal data.

b. Legal basis for the processing of personal data
Where we obtain consent from you for the processing of personal data, our legal basis for doing so is point (a) of Art. 6 (1) GDPR.

For the processing of personal data that is necessary in order to perform a contract between you and us, our legal basis for doing so is point (b) of Art. 6 (1) GDPR. This also applies for processing operations that are necessary in order to take steps prior to entering into a contract.

Where the processing of personal data is necessary in order to comply with a legal obligation to which we are subject, our legal basis for doing so is point (c) of Art. 6 (1) GDPR.

For the case that vital interests of yours or another natural person make it necessary to process personal data, our legal basis for doing so is point (d) of Art. 6 (1) GDPR.

Where processing is necessary for the purposes of a legitimate interest pursued by us or a third party, and if your interests, basic rights or basic freedoms do not override the former interest, our legal basis for the processing is point (f) of Art. 6 (1) GDPR.

c. Erasure of data and duration of storage
Your personal data will be erased or blocked as soon as the purpose of storage no longer applies. They may be stored for longer if this has been provided for by European or national legislators in Union regulations, laws or other provisions to which we are subject. The data will also be erased or blocked when a time limit for storage specified by one of the above standards expires, unless it is necessary to continue storing the data in order to enter into or perform a contract.

4. Provision of the website and creation of log files

a. Legal basis for data processing
The legal basis for the processing of your personal data for the purposes of providing the website and creating log files is point (f) of Art. 6 (1) GDPR.

b. Purpose of data processing
We have to store your personal data temporarily in order to enable the website to be delivered to your computer. This requires your personal data to be stored for the duration of the session.

Your personal data are stored in log files in order to ensure the functionality of the website. We also use your personal data to optimise the website and to ensure the security of our IT systems. Your personal data will not be analysed for marketing purposes in this regard.

These purposes also constitute a legitimate interest of ours in the processing of personal data in accordance with point (f) of Art. 6 (1) GDPR.

c. Duration of storage
Your personal data will be erased as soon as they are no longer necessary in order to achieve the purpose for which they were collected. Where your personal data are collected for the purpose of providing the website, this is the case as soon as the respective session ends.

Where your personal data are stored in log files, these will be deleted after not more than seven days. It is possible for them to be stored for longer, in which case your personal data will be erased or anonymised so that the accessing client can no longer be ascertained.

d. Right to object and right of removal
The recording of your personal data for the provision of the website and their storage in log files are absolutely essential for the operation of the website. Consequently, you do not have any right to object.

5. Use of cookies

a. Legal basis for data processing
The legal basis for the processing of your personal data for the purposes of using technically necessary cookies is point (f) of Art. 6 (1) GDPR.

b. Purpose of data processing
Technically necessary cookies are used in order to make it easier for you to use our website. Some of the functions of our website cannot be offered without the use of cookies. For them to work, it is essential that your internet browser is recognised again after a change of page. The user data collected by technically necessary cookies are not used in order to create user profiles.

This purpose also constitutes a legitimate interest of ours in the processing of your personal data in accordance with point (f) of Art. 6 (1) GDPR.

c. Duration of storage
Your personal data will be erased as soon as they are no longer necessary in order to achieve the purpose for which they were collected; this is particularly the case if cookies are disabled.

d.    Right to object and right of removal
Cookies will be stored on your computer and transmitted from it to our website. You therefore have full control over the use of cookies. You can disable or restrict the transmission of cookies by making the corresponding settings in your internet browser. Cookies that are already stored can be deleted at any time. This can also be done automatically. If cookies for our website are disabled, you may no longer be able to make full use of all the functions of the website.

6. Newsletter

a. Legal basis for data processing
The legal basis for the processing of your personal data for the purposes of sending the newsletter is point (a) of Art. 6 (1) GDPR, where consent has been given, or the statutory permission under section 7 (3) of the German Unfair Competition Act (UWG) following the sale of goods or services.

b. Purpose of data processing
Your personal data will be collected in order for us to send you the newsletter. The purpose of the processing of your personal data for the purposes of sending the newsletter is to promote the sale of goods or services.

c. Duration of storage
Your personal data will be erased as soon as they are no longer necessary in order to achieve the purpose for which they were collected. Your personal data will accordingly be stored for as long as the subscription to the newsletter is active.

d. Right to object and right of removal
You can cancel your subscription to the newsletter at any time. Every newsletter contains a link that enables you to do so. Cancellation of the subscription likewise enables consent to be withdrawn.