Privacy Policy

Privacy policy for the "COLLUMINA" App, hereinafter referred to as "App".
Last modification of the privacy policy: August 29, 2024

Provider

The app is technically developed and provided by:
Company: Michael Rogulla
Address: Engelbertstr. 12, 50674 Cologne
Phone: +49 (0)221 2719236
E-Mail: info@michael.rogulla.de

For the correctness of the contents (dates, information on exhibitions and artists, picture credits etc.) are the responsibility of the respective artists and organizers. This app displays content (texts, pictures, etc.) that has been provided by the artists and organizers.

Security and Protection of your Personal Data

Users of the app receive information about the Art, the extent and purpose of the collection and use of your data by the responsible provider. This data protection declaration is based on the terminology used, which were adopted by the European legislator for directives and regulations when Data Protection Basic Regulation (DSGVO) were used.

We consider it our primary responsibility to maintain the confidentiality of the personal data you provide and to protect it from unauthorized access. Therefore, we apply the utmost care and modern security standards to ensure maximum protection of your personal data.

We have taken technical and organisational measures to ensure that the regulations on data protection are observed both by us and by our external service providers.

Definitions of Terms

The legislator requires that personal data are processed lawfully, fairly and in a way that is comprehensible to the data subject ("lawfulness, fairness, transparency"). In order to ensure this, we would like to inform you about the individual legal definitions which are also used in this data protection declaration:

Personal Data

"Personal data" shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as "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, a geographical location, an on-line identification, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Processing

"Processing" shall mean any operation or set of operations, performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Limitation of Processing

"Limitation of processing" means the marking of stored personal data with a view to limiting their processing in the future.

Profiling

"Profiling" means any automated processing of personal data consisting in the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movements of that natural person.

Pseudonymisation

"Pseudonymisation" means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the need to obtain additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data cannot be attributed to an identified or identifiable natural person.

File System

"file system" means any structured collection of personal data accessible according to specific criteria, whether centralised, decentralised or organised on a functional or geographical basis.

Responsible Person

"Responsible Person" shall mean a natural or legal person, public authority, agency or any 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 European Union or national law, the controller or the specific criteria for his or her designation may be provided for by European Union or national law.

Order Processor

"Order Processor" means any natural or legal person, public authority, agency or other body which processes personal data on behalf of the responsible rerson.

Recipient

"Recipient" shall mean any natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the context of a specific investigation, in accordance with European Union or national law, shall not be considered as recipients; the processing of such data by those authorities shall be carried out in accordance with the applicable data protection rules and in accordance with the purposes of the processing.

Third Party

"Third Party" shall mean any natural or legal person, public authority, agency or any other body, other than the data subject, the responsible person, the processor and the persons who, under the direct authority of the responsible person or the processor, are authorized to process the personal data.

Consent

"Consent" of the data subject means any freely given, informed and unequivocal expression of his or her wishes in a specific case, in the form of a declaration or any other unequivocal affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

Lawfulness of processing

The processing of personal data is lawful only if there is a legal basis for the processing. Pursuant to Article 6(1), the legal basis for the processing may be lit. a - f DSGVO in particular:

  1. The data subject has given his/her consent to the processing of personal data relating to him/her for one or more specified purposes;
  2. processing is necessary for the performance of a contract to which the data subject is party or in order to implement pre-contractual measures taken at the request of the data subject;
  3. processing is necessary for the performance of a legal obligation to which the controller is subject;
  4. processing is necessary to protect the vital interests of the data subject or of another natural person;
  5. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
  6. the processing is necessary to protect the legitimate interests of the controller or of a third party except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, in particular where the data subject is a child.

Information on the collection of personal data

In the following we inform about the collection of personal data when using the App. Personal data are e.g. name, address, e-mail addresses, user behavior.

If you contact us by e-mail, the data you provide (your e-mail address and other details) will be stored by us to answer your questions. We will delete the data collected in this context after the storage is no longer necessary, or the processing will be restricted if there are legal storage obligations.

Collection of personal data when using the app

In addition to data of a general nature such as the date of access or selected menu items, the app also displays location data of the respective user of the app. This data is used on the one hand to inform the user about his own position on the maps used, as well as to calculate routes to the selected locations. Visited places are stored in the app for the duration of use, so that visited places can be specially marked. An evaluation beyond this does not take place.

The app can also be used without allowing the location to be determined. The activation or deactivation the location data can also be changed while the app is running.

Consent to use the Data

You agree to the use of your location data when you install and use the app. Should you do not agree with this described use of your data, please delete the app from your device immediately or use the app with location data disabled.

Children

Our offer is primarily aimed at adults. Persons under 18 years of age should not transmit any personal data to us without the consent of their parents or legal guardians.

Rights of the person concerned

(1) Revocation of consent

If the processing of personal data is based on a granted consent, you have the right to revoke your consent at any time. Revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until revocation.

For the exercise of the right of withdrawal you can contact us at any time.

(2) Right to confirmation

You have the right to obtain confirmation from the data controller as to whether we are processing personal data concerning you. You can request this confirmation at any time by contacting us at the above-mentioned contact details.

(3) Right of access

If personal data are processed, you can request information on these personal data and on the following information at any time:

  1. the processing purposes;
  2. the categories of personal data processed;
  3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or to international organisations;
  4. if possible, the planned duration for which the personal data will be kept or, if this is not possible, the criteria for determining that duration;
  5. the existence of a right of rectification or erasure of personal data relating to you or of a right to have the processing limited by the controller or to object to such processing;
  6. the existence of a right of appeal to a supervisory authority;
  7. if the personal data are not collected from the data subject, all available information on the origin of the data;
  8. the existence of automated decision-making, including profiling, in accordance with Article 22, paragraphs 1 and 4 of the DPA and, at least in these cases, meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.

If personal data are transferred to a third country or to an international organisation, you have the right to be informed of the appropriate guarantees in accordance with Article 46 DSGVO in connection with the transfer. We will provide a copy of the personal data that is the subject of the processing. We may charge a reasonable fee for any further copies that you request, based on the administrative costs. If you make the request electronically, the information shall be provided in a standard electronic format, unless the request states otherwise. The right to receive a copy in accordance with paragraph 3 shall not prejudice the rights and freedoms of others.

(4) Right of rectification

You have the right to ask us to correct any incorrect personal data concerning you without delay. Taking into account the purposes of the processing, you have the right to ask for the completion of incomplete personal data, also by means of a supplementary declaration.

(5) Right of cancellation ("right to be forgotten")

You have the right to request the controller to delete personal data concerning you immediately and we are obliged to delete personal data immediately if one of the following reasons applies:

  1. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
  2. The data subject withdraws the consent on which the processing was based pursuant to Article 6 paragraph 1 letter a or Article 9 paragraph 2 letter a DPA and there is no other legal basis for the processing.
  3. The data subject objects to the processing pursuant to Article 21 paragraph 1 FADP and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing pursuant to Article 21 paragraph 2 FADP.
  4. The personal data have been processed unlawfully.
  5. The erasure of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
  6. The personal data has been collected in relation to information society services offered in accordance with Article 8 paragraph 1 of the DPA.

Where the controller has made the personal data public and is obliged to delete them in accordance with paragraph 1, he shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that a data subject has requested them to delete all links to those personal data or copies or replications thereof.

The right of cancellation ("right to be forgotten") does not exist insofar as the processing is necessary:

(6) Right to restrict processing

You have the right to ask us to limit the processing of your personal data if one of the following conditions is met:

  1. the accuracy of the personal data is contested by the data subject, for a period of time that allows the controller to verify the accuracy of the personal data,
  2. the processing is unlawful and the data subject refuses the erasure of the personal data and requests instead the restriction of the use of the personal data;
  3. the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to exercise, exercise or defend legal claims; or
  4. the data subject has lodged an objection to the processing pursuant to Article 21 paragraph 1 DPA, as long as it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.

Where processing has been restricted in accordance with the above conditions, such personal data, apart from being stored, shall be processed only with the consent of the data subject or for the purpose of pursuing, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or of a Member State.

In order to exercise the right to limit the processing, the data subject may at any time contact us at the contact details indicated above.

(7) Right to data transferability

You have the right to receive the personal data concerning you that you have provided us with in a structured, common and machine-readable format and you have the right to have this data communicated to another person in charge without interference from the person in charge to whom the personal data was provided, provided that:

  1. the processing is based on a consent pursuant to Article 6 paragraph 1 letter a or Article 9 paragraph 2 letter a or on a contract pursuant to Article 6 paragraph 1 letter b DSGVO and
  2. the processing is carried out by means of automated procedures.

When exercising the right to transfer data in accordance with paragraph 1, you have the right to obtain that personal data be transferred directly from one controller to another controller, as far as this is technically feasible. Exercising the right to data transferability shall not affect the right to deletion ("right to be forgotten"). This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

(8) Right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you carried out pursuant to Article 6 paragraph 1 letters e or f of the DPA, including profiling based on these provisions. The controller no longer processes the personal data unless he can demonstrate compelling legitimate reasons for processing that outweigh the interests, rights and freedoms of the data subject, or the processing is carried out for the purpose of asserting, exercising or defending legal claims.

Where personal data are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data relating to you for the purpose of such marketing, including profiling, insofar as it relates to such direct marketing. If you object to the processing for the purposes of direct marketing, your personal data will no longer be processed for those purposes.

In connection with the use of information society services, and notwithstanding the Directive 2002/58/EC, you may exercise your right of objection by means of automated procedures using technical specifications.

You have the right to object, on the grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for the purposes of scientific or historical research or for statistical purposes, in accordance with Article 89 (1), except where such processing is necessary for the performance of a task carried out in the public interest.

You can exercise your right of objection at any time by contacting the person in charge of the matter.

(9) Automated case-by-case decisions including profiling

You have the right not to be subject to a decision based solely on automated processing - including profiling - which has legal effect on you or which significantly affects you in a similar way. This shall not apply if the decision:

  1. is necessary for the conclusion or performance of a contract between the data subject and the controller
  2. is authorised by Union or national legislation to which the controller is subject and such legislation provides for adequate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or
  3. with the express consent of the person concerned.

The controller shall take appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of the controller, to put forward his point of view and to appeal against the decision.

The data subject may exercise this right at any time by contacting the person responsible for the data protection.

(10) Right of appeal to a supervisory authority

They shall also have the right, without prejudice to any other administrative or judicial remedy, to submit a complaint to a supervisory authority, in particular in the Member State in which they are resident, in their place of employment or in the place where the alleged infringement occurred, if the data subject considers that the processing of personal data relating to them is being carried out in breach of this Regulation.

(11) Right to an effective judicial remedy

Without prejudice to any available administrative or extrajudicial remedy, including the right to appeal to a supervisory authority in accordance with Article 77 of the DPA, you have the right to an effective judicial remedy if it considers that your rights under this Regulation have been infringed as a result of the processing of your personal data contrary to this Regulation.

Integration of services and contents of third parties

Our offer sometimes includes contents, services and performances of other providers. For example, these are maps provided by Google Maps. In order that this data can be accessed and displayed for the user, the transmission of the location and possibly further information about the respective user is absolutely necessary. These other providers (hereinafter referred to as "third-party providers") therefore take the location and, if necessary, further information about the respective user. Even if we are endeavoured, to use exclusively third party providers, which location and, if applicable, further information about the respective user only to be able to deliver content, we have no influence on this, whether these data are possibly stored and in which form they are further used.

As soon as you call up the route planner (the diamond-shaped symbol at the top left of the Map/Info view), the data of the current route including your own location to Google, so that the route planning can be displayed there.

If the location determination has been deactivated, the route planning function is not available.

For questions regarding data protection law regarding Google and Google products (like Google Maps) you can contact Google Ireland directly. Google reserves the right to use its own options for the evaluation of the data collected when using Maps. Please inform yourself about this at Google, for example on the website at https://support.google.com/maps. You can also find information on data protection at Google under https://policies.google.com/privacy?hl=de.

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