Website data protection policy

I. Controller’s name and address

The Controller within the meaning of the General Data Protection Regulation (GDPR) and the member states’ other national data protection laws and any other national data protection provisions that may apply is the:

Ernst von Siemens Music Foundation, Zug/Switzerland
(CHE-102.113.420)

Represented by:

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

 

Nicole Willimann
Landis + Gyr-Strasse 1
6300 Zug
Switzerland
T. +41 / (0)58 249 50 20
F. +41 / (0)58 249 50 00

and:

Prof. Michael Rossnagl
Secretary of the Board of Trustees
of the Ernst von Siemens Music Foundation
Wittelsbacherplatz 2
80333 Munich
Germany

T. +49 / (0)89 6 36 - 3 32 00
F. +49 / (0)89 6 36 - 3 29 81

 

 

II. Data protection officer’s name and address

The Controller’s data protection officer is:
Data Protection Officer
Ernst von Siemens Music Foundation
Wittelsbacherplatz 2
80333 Munich
Germany

T. +49 / (0)89 6 36 - 3 22 38
Email: datenschutbeauftragte@evs-musikstiftung.ch
Website: www.evs-musikstiftung.ch

 

III. Data processing in general

1. Scope of the personal data processing

As a fundamental principle, we process our users’ personal data only to the extent that this is required for the provision of a functioning website and of our content and services. The processing of our users’ personal data is carried out on the legal bases stated below.

2. Legal basis for the personal data processing

Where we obtain the data subjects’ consent to processing operations involving their personal data, the consent shall serve as the legal basis in accordance with Article 6(1)a of the GDPR. For the processing of personal data that is required for the fulfilment of a contract to which the data subject is a party, the contract shall serve as the legal basis in accordance with Article 6(1)b of the GDPR. This also applies to processing operations that are required for the implementation of pre-contractual measures. Where personal data processing is required for the fulfilment of a legal obligation to which our company is subject, the legal obligation shall serve as the legal basis in accordance with Article 6(1)c of the GDPR.

In the event that the data subject’s or another natural person’s vital interests make it necessary to process personal data, this interest shall serve as the legal basis in accordance with Article 6(1)d of the GDPR. Where the processing is required in order to protect our organisation’s or a third party’s legitimate interest and the data subject’s basic rights and basic freedoms do not outweigh the former interest, then the legitimate interest shall serve as the legal basis for the processing in accordance with Article 6(1)f of the GDPR.

 

3. Erasure of data and storage duration

The data subject’s personal data shall 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 shall be periodically erased unless their – temporary – further processing is necessary, for example for the following purposes: Fulfillment of retention obligations under commercial law and tax law. These include inter alia the Swiss Code of Obligations (OR), and the tax laws. The retention and/or documentation periods specified therein normally amount to ten years. Retention of evidence in the context of the statutory limitation provisions. Under Article 127 et seq. of the Swiss Code of Obligations (OR), these limitation periods may amount to a maximum of 10 years.

 

IV. Provision of the website and creation of log files

1. Description and scope of the data processing

Every time our website is visited, our system automatically collects the visiting computer’s data and information.
In this context, the following data are collected during the visit to our website:

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

The data are also stored in our system’s log files. No storage of these data together with the user’s other personal data takes place.

When using our online application system, the following data are collected:

  1. Name and first name of the applicant, the person in charge of press and PR activity and commercial management, address of the institution, country
  2. The above-mentioned persons’ contact details such as telephone number, mobile telephone number, email
  3. Name and first name of project participants
  4. Bank details of the institution concerned
  5. Uploads (budget plan and project information)

2. Legal basis for the data processing
The legal basis for the temporary storage of the data concerning website use, the log files as well as for the processing of the personal data in the online application system is Article 6(1)f of the GDPR.

 

3. Purpose of the data processing

Website
The temporary storage of the IP address by the system is necessary in order 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 within log files is carried out in order to ensure the functioning of the website. In addition, we use the data for the purpose of optimising the website and ensuring the security of our IT systems. An evaluation of the data for marketing purposes does not take place in this context.

Online application system
The processing of the above-mentioned personal data is necessary in order to be able to receive and process the funding application, including also an evaluation of the entitlement to funding.
These purposes also include our legitimate interest in the data processing in accordance with Article 6(1)f of the GDPR.

 

4. Storage duration

The data shall be erased as soon as they are no longer required for the fulfilment of the purpose of their collection and no legal or other obligation arises to retain them further. Where the data are collected to enable provision of the website, this shall take place once the particular session has ended. Where the data are stored within log files, this shall take place within seven days at the latest.

 

5. Opportunity to object and have data removed

Website
The collection of the data for the provision of the website and the storage of the data within log files is a fundamental requirement for the operation of the website. No opportunity to object therefore exists for the user.

Online application system
The collection of data for the online funding application as well as the storage of such data in the application system is a fundamental requirement for the operation of the online application system. No opportunity to object therefore exists for the user.

 

 

V. Use of cookies

a.) Description and scope of the 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 visits a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic character string that makes it possible to clearly identify the browser when the website is visited again. We use cookies in order the make the design of our website more user-friendly. Some elements of our website require that the visiting browser can also be identified after a user moves between pages.

In this instance, the following data are stored and transmitted to the cookies:

  1. Language settings
  2. Log-in information        

b.) Legal basis for the data processing

The legal basis for the processing of personal data using technically necessary cookies is the legitimate interest in accordance with Article 6(1)f of the GDPR.
The legal basis for the processing of personal data using cookies for analytical purposes and where the user’s consent to this has been received is Article 6(1)a of the GDPR.

c.) Purpose of the data processing
The purpose for which technically necessary cookies are used is to simplify the use of websites for the users. Some of our website’s functions cannot be provided without the use of cookies. For this reason, it is necessary that the browser is also recognised again after the user moves between pages.

We require cookies for the following applications:

  1. Application system
  2. Adoption of language settings

The user data collected by technically necessary cookies shall not be used for the creation of user profiles. The analytical cookies are used for the purpose of improving the quality of our website and its content. The analytical cookies help us to learn how the website is being used so that we can continually optimise our offering. These purposes also include our legitimate interest in the processing of the personal data in accordance with Article 6(1)f of the GDPR.

 

d.) Storage duration, opportunity to object and have data removed

Cookies are stored on the user’s computer and transmitted by it to our website. You as the user therefore also have full control of the use of cookies. By modifying the settings in your Internet browser you can deactivate or restrict the transfer of cookies. Cookies that are already stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may potentially no longer be possible to use all of the functions of the website to their full extent.

 

VI.The data subject’s rights

To the extent that the GDPR is applicable, the following shall apply: Each data subject has the right to access under Article 15 of the GDPR, the right to rectification under Article 16 of the GDPR, the right to erasure under Article 17 of the GDPR, the right to restriction of processing under Article 18 of the GDPR, the right to object under Article 21 of the GDPR and the right to data portability under Article 20 of the GDPR. In addition, there is a right to lodge a complaint with a competent data protection supervisory authority (Article 77 of the GDPR). If you have given your consent to the processing of personal data, you may withdraw it from us at any time. This also applies to the withdrawal of any declarations of consent that were communicated to us before the application of the General Data Protection Regulation, i.e. before 25 May 2018. Please bear in mind that the withdrawal will only take effect in respect of the future. Any processing operations carried out prior to the withdrawal shall not be affected by this. Where the Swiss Data Protection Act (DSG) is applicable, your rights shall be in accordance with this statute.

 

VII. Profiling

No completely or partially automated data processing shall take place with the aim of assessing particular 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 makes every effort to provide up-to-date and accurate information on its website. However, it does not assume any warranty for the accuracy, up-to-date nature and completeness of the content and data published here. This relates in particular to the project descriptions of the individual funding projects.

The Foundation may not be held liable either for direct or indirect damage/losses that arise as a result of the use of its website or as a result of information provided here. Rights and obligations arising between the Foundation and users of its website or third parties are excluded.

This website is protected under copyright law, including all texts and images. Any use beyond the scope of the Swiss Copyright Act [Urheberschutzgesetz] is not permitted without the agreement of the Ernst von Siemens Music Foundation. The disclosure of information from this website for financial gain is prohibited.

 

X. Amendment of the data protection policy

We reserve the right to amend this data protection policy at any time. You can find the date of the most recent update at the end of the data protection policy.

 

XI. Information on your right to object under Article 21 of the General Data Protection Regulation (GDPR)

You shall have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) of Article 6(1) of the GDPR (data processing carried out in the public interest) and point (f) of Article 6 (1) of the GDPR (data processing on the basis of a balancing of interests); this also applies to profiling based on this provision within the meaning of Article 4(4) of the GDPR. If you raise an objection, we shall no longer process your personal data unless we are able to provide evidence of compelling reasons worthy of protection that outweigh your interests, rights and freedoms,or the processing is for the purpose of asserting, exercising or defending legal claims.

The objection may be lodged in any form and if possible should be sent to:
datenschutzbeauftragte@evs-musikstiftung.ch

Munich/Zug, September 2018