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Data Privacy Policy

I. Name and address of the controller

Responsible within the meaning of the Datenschutz-Grundverordnung (DSGVO) and other national data protection laws of the member states as well as other applicable national data protection regulations is:

Ernst von Siemens Music Foundation, Zug/Switzerland.
(HR No. CH-170.7.000.127-2)

Represented by:
KPMG AG
which in turn is represented by its authorised signatories:

Nicole Willimann (Managing Director)
Chollerstrasse 4
6300 Zug
Switzerland
T. +41 41 220 23 83

and:

Björn Gottstein
Secretary of the Board of Trustees
Werner-von-Siemens-Str. 1
80333 Munich
Germany
T: +49/ (0)89 / 7805 - 31542

II. Name and address of the data privacy officer

The data privacy officer of the data controller is:

Data Privacy Officer
Ernst von Siemens Music Foundation
Werner-von-Siemens-Str. 1
80333 Munich
Germany
Phone: + 49 / 89 6 36 - 3 22 38
E-mail: datenschutzbeauftragte@evs-musikstiftung.ch
Website: evs-musikstiftung.ch

III. General information on data processing

1. Scope of the processing of personal data

As a matter of principle, we process personal data of our users only insofar as this is necessary for the provision of a functioning website as well as our content and services. The personal data of our users is processed on the basis of the legal bases listed below.

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations of personal data, the consent serves as the legal basis in accordance with Art. 6 (1) lit. a DSGVO.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, the contract serves as the legal basis in accordance with Art. 6 (1) (b) DSGVO. This also applies to processing operations that are necessary for the performance of pre-contractual measures.

Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, the legal obligation serves as the legal basis in accordance with Art. 6 Para. 1 lit. c DSGVO.

In the event that vital interests of the data subject or another natural person make processing of personal data necessary, this interest serves as the legal basis in accordance with Art. 6 (1) (d) DSGVO.

If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, the legitimate interest serves as the legal basis for the processing in accordance with Art. 6 (1) f DSGVO.

3. Data deletion and storage period

The personal data of the data subject will be deleted as soon as the purpose of the storage ceases to apply.

If the data are no longer required for the fulfilment of contractual or legal obligations, they are regularly deleted, unless their - temporary - further processing is necessary, for example, for the following purposes:

Fulfilment of retention obligations under commercial and tax law: These include, among others, the Code of Obligations (OR) and the tax laws. The periods specified there for storage or documentation are usually ten years.

Preservation of evidence within the framework of the statutory limitation provisions. According to Art. 127 et seq. of the Swiss Code of Obligations (OR), these limitation periods can be up to 10 years.

IV. Provision of the website and creation of log files

1. Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.

The following data is collected when visiting our website:

(1) Information about the type of browser and the version used.
(2) The user's operating system
(3) The user's Internet service provider
(4) The user's IP address
(5) Date and time of access.

This data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

The following data is collected when using our online application system:

(1) Surname, first name of the applicant, the person responsible for press and public relations such as the commercial management, address of the institution, country.
(2) Contact details of the above-mentioned persons such as telephone number, mobile number, e-mail
(3) Surname, first name of persons involved in the project
(4) Bank details of the respective institution
(5) Uploads (budget plan and project information)

2. legal basis for data processing

The legal basis for the temporary storage of data concerning website use, the log files and for the processing of personal data in the online application system is Art. 6 para. 1 lit. f DSGVO.

3 Purpose of data processing

Website
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.

The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimise the website and to ensure the security of our information technology systems. The data is not evaluated for marketing purposes in this context.

Online application system
The processing of the above-mentioned personal data is necessary in order to receive and process the funding application, which also includes an assessment of the entitlement to funding.

These purposes also constitute our legitimate interest in data processing pursuant to Art. 6 Para. 1 lit. f DSGVO.

4. Duration of storage

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected and there is no legal or other obligation to retain it further. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

In the case of storage of data in log files, this is the case after no more than seven days.

5. possibility of objection and removal

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

Online application system
The collection of data for the online funding application and the storage of this data in the application system is absolutely necessary for the operation of the online application system. Consequently, the user has no right to object.

V. Use of cookies

a) Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user calls up a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

(1) language settings
(2) Log-in information

b) Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is the legitimate interest according to Art. 6 para. 1 lit. f DSGVO.

The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a DSGVO if the user has given his consent in this regard.

c) Purpose of the data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognised even after a page change.

We require cookies for the following applications:

(1) Application system
(2) Acceptance of language settings

The user data collected through technically necessary cookies are not used to create user profiles.

Analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus continuously optimise our offer.

These purposes are also our legitimate interest in processing the personal data according to Art. 6 para. 1 lit. f DSGVO.

e) Duration of storage, possibility of objection and removal

Cookies are stored on the user's computer and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website to their full extent.

VI. Rights of the data subject

Where the GDPR applies, the following applies: Every data subject has the right to information under Article 15 GDPR, the right to rectification under Article 16 GDPR, the right to erasure under Article 17 GDPR, the right to restriction of processing under Article 18 GDPR, the right to object under Article 21 GDPR and the right to data portability under Article 20 GDPR.

In addition, there is a right of appeal to a competent data protection supervisory authority (Article 77 DSGVO).

You may revoke your consent to the processing of personal data at any time. This also applies to the revocation of declarations of consent given to us before the applicability of the General Data Protection Regulation, i.e. before 25 May 2018. Please note that the revocation is only effective for the future. Processing that took place before the revocation is not affected.

If the Swiss Data Protection Act (DSG) is applicable, your rights are governed by this decree.

VII. Profiling

No wholly or partially automated data processing is carried out with the aim of evaluating certain personal aspects (profiling).

VIII. External content

The website of the Ernst von Siemens Music Foundation contains links to other websites. The Ernst von Siemens Music Foundation is not responsible for the data protection policies or the content of these other websites.

IX. Liability and Copyright

The Ernst von Siemens Music Foundation endeavours to provide up-to-date and correct information on its website. However, it does not guarantee the correctness, up-to-dateness and completeness of the content and data published here. This applies in particular to the project descriptions of the individual funding projects.

The Foundation is not liable for direct or indirect damages resulting from the use of its website or the information provided here. Rights and obligations between the Foundation and users of its website or third parties are excluded.

This website is protected by copyright, including all texts and images. Any use outside the limits of copyright law is not permitted without the consent of the Ernst von Siemens Music Foundation. The dissemination of information from this website in return for payment is prohibited.

X. Changes to the data protection statement

We reserve the right to change this privacy policy at any time. The date of the last update can be found at the end of the data protection information.

XI. Information about your right to object in accordance with Article 21 of the Data Privacy Regulation (DSGVO)

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) DSGVO (data processing in the public interest) and Article 6(1)(f) DSGVO (data processing on the basis of a balance of interests); this also applies to profiling based on this provision within the meaning of Article 4 No. 4 DSGVO. If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

The objection can be made form-free and should preferably be addressed to:

datenschutzbeauftragte@evs-musikstiftung.ch

Munich/Zug, September 2022