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Privacy policy

This is the privacy policy for the use of this portal and all subdomains belonging to these domains. The user agrees to the data protection provisions listed here.

All formulations mentioned below that refer specifically to one gender are to be understood as expressly applying to all genders.

The processing of personal data in the context of the use of the above-mentioned websites, for example the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the EU General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to the City of Jena, in particular the Thuringian Data Protection Act. This privacy policy informs the public about the type, scope and purpose of the personal data collected, used and processed by the City of Jena when using the above-mentioned websites. Furthermore, data subjects are informed of their rights by means of this data protection declaration.

The personal data is stored on specially protected servers in Germany. Access to it is only possible for a few specially authorized persons who are involved in the technical, commercial or editorial support of the servers. The data is conscientiously protected against loss, destruction, falsification, manipulation and unauthorized access or unauthorized disclosure.

Definitions of terms

This data protection declaration is based on the terms used by the European legislator for the adoption of the GDPR. This privacy policy should be easy to read and understand. To ensure this, the terms used are explained in advance.

The following terms, among others, are used in this privacy policy

a) Personal data

Personal data means any information relating to an identified or identifiable natural person (hereinafter "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 restricting its future processing.

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

The 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.

j) third party

A 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 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.

Name and address of the controller and the data protection officer

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is

Carsten Müller
Contact person: Antje Jurdzinski

JenaCulture
Knebelstraße 10
07743 Jena

Phone +49 3641 49-8040
Fax +49 3641 49-8005
jenakultur@jena.de

Data protection officer of the controller:

Melanie Pesch,
Am Anger 15
07743 Jena
or P.O. Box 10 03 38, 07703 Jena

Tel. 03641 49-2113
Fax 03641 49-2114
datenschutz@jena.de

Collection of general data and information

The website of the City of Jena collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server log files. The following can be recorded

  • (1) browser types and versions used,
  • (2) the operating system used by the accessing system
  • (3) the website from which an accessing system reaches the municipal website (so-called referrer)
  • (4) the sub-websites which are accessed via an accessing system on the municipal 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 used for security purposes in the event of attacks on the city's information technology systems.

When using this general data and information, the City of Jena does not draw any conclusions about the data subject. The data stored in the log files is not stored together with other personal data of the user.
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.

This information is required in order to

  • (1) correctly deliver the content of the municipal website
  • (2) optimize the content of the municipal website and the advertising for it
  • (3) ensure the long-term functionality of the city's information technology systems and the technology of the website, and
  • (4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack.

Therefore, the City of Jena analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of the City of Jena, and to ensure an optimal level of protection for the personal data processed by the City of Jena. The data is not analyzed for marketing purposes in this context.

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. Data may be stored beyond this point. In this case, the IP addresses of the users are deleted or anonymized so that it is no longer possible to identify the accessing client.

The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, the user has no option to object.

Cookies

The Internet pages of the City of Jena use cookies. Cookies are text files that are placed and stored on a computer system via an internet browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters that can be used to assign websites and servers to the specific internet browser in which the cookie was stored. This enables the websites and servers visited 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 via the unique cookie ID.

Through the use of cookies, the City of Jena can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on the website can be optimized for the benefit of the user. For example, the user of a website that uses cookies does not have to re-enter their access data each time they visit the website because this is taken over by the website and the cookie stored on the user's computer system.

The data subject may, at any time, prevent the setting of cookies through the municipal website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of the website may be fully usable.

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR.

Contact option via the website

Due to legal regulations, the website of the City of Jena contains information that enables quick electronic contact and direct communication, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the controller by email or via 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 controller are stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.

Routine erasure and blocking of personal data

The 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 ceases to apply or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or erased in accordance with the statutory provisions.

Rights of the data subject

a) Right to confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not 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 the City of Jena.

b) Right to information

Any person affected by the processing of personal data has the right, granted by the European legislator of directives and regulations, to obtain from the controller free information about the personal data stored about him/her and a copy of this information at any time. Furthermore, the European legislator has granted 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, in particular recipients in third countries or international organizations
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
  • the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
  • the existence of the right to lodge a complaint with a supervisory authority
  • if the personal data are not collected from the data subject: All available information about the origin of the data,
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

Furthermore, the data subject has a right to information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.

If a data subject wishes to exercise this right to information, they can contact the City of Jena at any time.

c) Right to rectification

Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to demand the immediate correction of incorrect personal data concerning them. Taking into account the purposes of the processing, the data subject shall also 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 can contact the City of Jena at any time.

d) Right to erasure (right to be forgotten)

Any person affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and insofar as the processing is not necessary

  • The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.
  • The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) GDPR, or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.
  • The personal data have been processed unlawfully.
  • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the City of Jena, he or she may, at any time, contact the City of Jena.

If the City of Jena has made the personal data public and is obliged to erase the personal data pursuant to Article 17(1) GDPR, the City of Jena shall take reasonable steps, including technical measures, taking into account the available technology and the cost of implementation, to inform other controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. In individual cases, the necessary steps will be taken.

e) Right to restriction of processing

Any person affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller restriction of processing where one of the following 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 and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
  • The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

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 City of Jena, he or she may at any time contact the City of Jena. The restriction of processing will be initiated.

f) Right to data portability

Any person affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR and the processing is carried out by automated means, unless the 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.

Furthermore, in exercising their right to data portability pursuant to Art. 20 (1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

To assert the right to data portability, the data subject may contact the City of Jena at any time.

g) Right to object

Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

The City of Jena shall no longer process the personal data in the event of the objection, unless it 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 the City of Jena processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to the City of Jena to the processing for direct marketing purposes, the City of Jena will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the City of Jena 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 the City of Jena directly. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.

h) Automated decisions in individual cases including profiling

Each data subject 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 him or her, or similarly significantly affects him or her, as long as the decision

  • (1) is not necessary for the conclusion or performance of a contract between the data subject and the 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 made with the express consent of the data subject.

If the decision

  • (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or
  • (2) is made with the express consent of the data subject, the City of Jena 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 a person on the part of the controller, to express his or her point of view and to contest the decision.

If the data subject wishes to assert rights relating to automated decisions, they can contact the City of Jena at any time.

i) Right to withdraw consent under data protection law

Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to withdraw consent to the processing of personal data at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact the City of Jena at any time.

Data protection provisions about the application and use of Matomo

The data controller has integrated the Matomo component on this website. Matomo is an open source software tool for web analysis. Web analysis is the collection, gathering and evaluation of data about the behavior of visitors to websites. Among other things, a web analysis tool collects data about the website from which a data subject came to a website (so-called referrer), which subpages of the website were accessed or how often and for how long a subpage was viewed. Web analysis is mainly used to optimize a website and for the cost-benefit analysis of Internet advertising.

The software is operated on the server of the controller and the log files, which are sensitive under data protection law, are stored exclusively on this server.

The purpose of the Matomo component is to analyze the flow of visitors to this website. The controller uses the data and information obtained, among other things, to evaluate the use of this website in order to compile online reports that show the activities on the municipal websites. This helps to continuously improve the website and its user-friendliness. These purposes also constitute the legitimate interest in the processing of data in accordance with Art. 6 para. 1 lit. f GDPR. By anonymizing the IP address, the interest of users in the protection of their personal data is adequately taken into account.

Matomo places a cookie on the data subject's IT system. What cookies are has already been explained above. By setting the cookie, the city of Jena is able to analyze the use of the city's website. Each time one of the individual pages of this website is accessed, the Internet browser on the information technology system of the data subject is automatically prompted by the Matomo component to transmit data to our server for the purpose of online analysis. As part of this technical process, we obtain knowledge of personal data, such as the IP address of the data subject, which serves us, among other things, to trace the origin of visitors and clicks.

Cookies are used to store personal information, such as the time of access, the location from which access originated and the frequency of visits to our website. Each time you visit our website, this personal data, including the IP address of the internet connection used by the data subject, is transmitted to our server. This personal data is stored by us. This personal data is not passed on to third parties.

The software is set so that the IP addresses are not stored in full, but 2 bytes of the IP address are masked (e.g.: 192.168.xxx.xxx). In this way, it is no longer possible to assign the shortened IP address to the accessing computer.

The data subject may, as stated above, prevent the setting of cookies through the municipal website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Matomo from setting a cookie on the information technology system of the person concerned. In addition, a cookie already set by Matomo can be deleted at any time via an Internet browser or other software programs.

Furthermore, the data subject has the possibility of objecting to and preventing the collection of data generated by Matomo relating to the use of this website. To do this, the data subject must set an opt-out cookie. If the data subject's IT system is deleted, formatted or reinstalled at a later date, the data subject must set an opt-out cookie again.

With the setting of the opt-out cookie, however, there is the possibility that the Internet pages of the controller are no longer fully usable for the data subject.

Further information and the applicable data protection provisions of Matomo may be retrieved under https://matomo.org/privacy/.

Deactivate web analysis

Legal basis of the processing

Insofar as the consent of the data subject is obtained for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfill a legal obligation to which the City of Jena is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

In the event that the processing of personal data is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the City of Jena, Art. 6 para. 1 lit. e GDPR serves as the legal basis for the processing.

If the processing is necessary to safeguard a legitimate interest of the City of Jena or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.

Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

The provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded for a data subject to provide personal data that must subsequently be processed by the city. For example, the data subject is obliged to provide personal data if the city concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the data subject provides personal data, the data subject must contact the city. The data subject will then be informed on a case-by-case basis 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 what the consequences would be if the personal data were not provided.

Existence of automated decision-making

The City of Jena does not use automated decision-making or profiling.

Use of YouTube

This website uses plugins from the YouTube site operated by Google. The operator of the pages is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. When you visit one of the websites equipped with a YouTube plugin, a connection to the YouTube servers is established. This tells the YouTube server which website you have visited.

If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.

When integrating YouTube videos, the extended data protection mode offered by Google is used on the website, in which no cookies are stored before an integrated YouTube video is played.

Further information on the handling of user data can be found in YouTube's privacy policy at: https://www.google.de/intl/de/policies/privacy

Use of other services

The following services of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA are used on this website:

  • Google Fonts (fonts)
  • Google Translate (website translator)
  • Google reCAPTCHA (security query)

Further information and the applicable data protection provisions of Google Inc. can be found at https://policies.google.com/privacy

Social networks

The City of Jena takes the current discussion about data protection in social networks very seriously. It is currently not legally clear whether and to what extent all social networks offer their services in accordance with European data protection regulations.

It is therefore expressly pointed out that the Twitter, Facebook, Xing, Instagram, Google+ and YouTube services used by the City of Jena store the data of their users (e.g. personal information, IP address) in accordance with their data usage guidelines and use it for business purposes. The City of Jena has no influence on the data collection and its further use by the social networks. For example, there is no knowledge of the extent to which, where and for how long the data is stored, the extent to which the networks comply with existing deletion obligations, which evaluations and links are made with the data and to whom the data is passed on.

Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.