Privacy
Data-Protection Statement
Including the Social Media and Analytic Tools
1. Name and Contact Data of the Processing Controller and of the Works Data Protection Officer
This data protection information applies to the data processing by
Controller: ELBJAZZ GmbH (hereinafter referred to asELBJAZZ), Große Elbstr. 277a, D-22767 Hamburg
E-mail: ahoi@elbjazz.de
Tel.: +49 (0)40 4317959-45
The works data protection officer for ELBJAZZ GmbH is Rechtsanwalt Martin Glänzer, and can be reached at the address Eppendorfer Landstr. 33, D-20249 Hamburg, or else under datenschutzbeauftragter@elbjazz.de.
2. Collection and Storage of Personal Data and the Nature and Purpose of its Use
a) During a Visit to the Website
On calling up our website https://www.elbjazz.de/en/information is automatically sent to the server of our website by the browser used by your terminal device. This information is temporarily stored in a so-called log file. The following information is thereby recorded without your involvement and is stored until its deletion:
- the IP address of the visiting computer
- the date and time of access
- the name and URL of the file called up
- the website from which the access took place (referrer URL)
- the browser used and, sometimes, the operating system of your computer and the name of your access provider.
The data mentioned is processed by us for the following purposes:
- to ensure comfortable use of our website
- for evaluation of the system's security and stability
- for further administrative purposes.
The legal basis for the data processing is provided by article 6, paragraph 1, sentence 1, letters a and b of the General Data Protection Regulation (GDPR). Our legitimate interest arises from the above-listed purposes for data collection. On no account do we use the data collected for purposes of drawing inferences to your person.
In addition to this, during visits to our website we employ cookies and analytic services. More detailed explanations on this can be found under points 4 and 5 of this data-protection statement.
b) On Registering for our Newsletter
If, in keeping with article 6, paragraph 1, sentence 1, letter a. of GDPR you have explicitly consented to this, we will make use of your e-mail address for purposes of regularly sending you our newsletter. For receipt of the newsletter disclosure of an e-mail address is sufficient.
Cancellation is possible at any time, e.g. via a link at the end of each newsletter. Alternatively, you can send your cancellation by e-mail to datenschutz@elbjazz.deat any time.
We use JUNE to send newsletters. This is a company that actually sends the newsletter.
The full company name is:
JUNE – Online Marketing Cloud (sole proprietorship), Große Johannisstraße 3, 20457 Hamburg, Germany.
JUNE’s privacy policy can be found at: https://juneapp.com/imprint/#data-security.
For shipping via Amazon SES, the provider uses the EU servers from AWS (Amazon Web Services) in the Ireland and Frankfurt region. You can read more about this via this link: https://d1.awsstatic.com/legal/aws-gdpr/AWS_GDPR_DPA.pdf
c) On Using Our Contact Form
With enquiries of whatever sort we offer you the possibility of contacting us via a form provided on the website. Here the disclosure of a valid e-mail address is necessary, so that we know where the enquiry came from and are able to send a reply. Further disclosures can be made voluntarily. The data processing for purposes of establishing contact with us is undertaken in keeping with article 6, paragraph 1, sentence 1, letter a of GDPR on the basis of your willingly given consent. The personal or person-specific data collected by us for use of the contact form is deleted after conclusion of the enquiry made by you.
3. Passing On of Data
No transfer of your personal data to a third party for purposes other than those listed below takes place.
We only give your personal data to a third party if
- you have consented to this, in keeping with article 6, paragraph 1, sentence 1, letter a and/or letter b of GDPR, for fulfilment of contractual relationships and/or if this is for necessary implementation of pre-contractual measures and there are no reasons to believe that you might have a predominant legitimate interest in the non-transfer of your data,
- a statutory obligation exists for the transfer, in keeping with article 6, paragraph 1, sentence 1, letter c of GDPR, and
- this is legally permissible, and in keeping with article 6, paragraph 1, sentence 1, letter b of GDPR, is necessary for the processing of contractual relationships with you.
4) Cookies
When you visit our website, we display a "Cookie banner" to notify you that we use cookies and other tracking technology to improve the user experience on our website as well as for web analytics and interest-based advertising. We ask for your consent for the use of various types of cookies, including those that are not technically necessary. In case of your consent, data may also be transferred to companies in countries outside the EU without an adequate level of protection under data protection law, in particular also to the USA. There is a possibility that authorities may access the data without any legal remedy. Alternatively, you may set your cookie preferences and object to the use of cookies.
The associated data processing is described in detail in this section. As indicated in the cookie banner, you agree to this use by clicking the "I accept" button on the cookie banner. This consent can be revoked on your part at any time with effect for the future either in whole or in part. The options available to you for this purpose are described in detail below.
What are Cookies?
The Internet pages partly use so-called cookies. Cookies do not damage your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, effective and safer. Cookies are small text files that are stored on your computer and saved by your browser.
Most of the cookies we use are so-called "Session cookies". These are automatically deleted at the end of your visit. Other cookies remain stored on your end device until you delete them. These cookies enable us to recognise your browser on your next visit.
You can set your browser so that you are informed about the setting of cookies and allow cookies only in individual cases, exclude their acceptance in certain cases or in general and activate the automatic deletion of cookies when closing the browser. The functionality of this website may be limited if cookies are deactivated.
Cookies that are required for performing the electronic communication process or to provide certain functions that you have requested (e.g. shopping basket function) are stored on the basis of Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in the storage of cookies for the technically error-free and optimised provision of their services. In regards to the storage of other cookies (e.g. cookies for analysing your surfing behaviour), these are treated separately in this data protection declaration.
Adaptation of your cookie settings
Using the following link, you can easily view your Cookie settings and change them where necessary. Alternatively, you can also change the cookie settings in your browser:
Internet Explorer
Chrome
Firefox
Safari
Most browsers are set in such a way that cookies are automatically accepted. The storage of cookies in your browser can be deactivated and you can delete them from your hard disk at any time. Without cookies the use of our offer on the website is only possible to a limited extent.
Cookie categories
We divide cookies into different categories, depending on their function and purpose:
Essential Cookies
Essential cookies enable basic functions and are necessary for the proper functioning of the website.
Statistics/analysis
Statistics cookies collect information anonymously. This information helps us understand how our visitors use our website.
Personalisation & Advertising
Marketing cookies are used by third-party vendors or publishers to display personalised advertisements. This is achieved by tracking visitors across websites.
External Media & Services
Content from video platforms and social media platforms is default blocked. If cookies are accepted by the respective external media, manual consent to access this content is no longer required.
5. Analytic Tools
The tracking measures listed below and deployed by us are implemented on the basis of article 6, paragraph 1, sentence 1, letter b of GDPR. With the tracking measures used we want to ensure a needs-oriented design and the progressive optimization of our website. We also employ tracking measures to statistically record and evaluate the use made of our website, and for purposes of optimizing of our offer for you. These interests are to be seen as legitimate in the sense of the above-mentioned regulation.
Explanations of the respective purposes of the data processing, as well as data categories, can be found in the corresponding tracking tools.
b) Google Analytics
For purposes of a needs-oriented design and continuous optimization of our pages we use Google Analytics, a web-analysis service of Google Inc. (https://www.google.de/intl/de/about) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter referred to as "Google"). In this context, pseudonymized user profiles, in particular also concerning demographic characteristics and interests, are createdand cookies (see under point 4) are used. The information created by the cookie on your use of this website, such as
- browser type/version
- operating system used
- referrer URL (the site previously visited)
- host name of the accessing computer (IP address)
- time of server enquiry
is transferred to a Google server in the USA and is stored there. The information is utilized to evaluate the use made of the website, to compile reports on the website activities and to produce further services associated with the use made of the website and of the Internet, for purposes of market research and needs-oriented design of these Internet pages. Where appropriate, this information is also passed on to third parties, provided this is legally prescribed, or to the extent that third parties process this data on commission. On no account will your IP address be used in connection with other Google data. The IP addresses are anonymized so that allocation is not possible (IP masking).
You can prevent the installation of the cookies by adjusting the browser-software settings appropriately. In this case, however, we draw your attention to the fact that not all of the functions of this website may then be fully available.
You can also prevent the recording of the data generated by the cookie and relating to your use of the website (incl. your IP address) and the processing of this data by Google in that you download and install the browser add-on (https://tools.google.com/dlpage/gaoptot?hl=de).
You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this site: Disable Google Analytics.
As an alternative to the browser add-on, particularly in cases of browsers on mobile terminal devices, you can also prevent recording by Google Analytics in your settings. This sets an opt-out cookie that prevents future recording of your data during your visit to this website: The opt-out cookie applies only in this browser and only for our website. It is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.
You can find further information on data protection in connection with Google Analytics in the Google Analytics help (https://support.google.com/analytics/answer/6004245?hl=de).
6. Social Media Plug-Ins
On our website we make use, on the basis of article 6, paragraph 1, sentence 1, letter b of GDPR, of social plug-ins from the social networks Facebook, Twitter and Instagram, as a means of making our business better known. The underlying advertising purpose is to be seen as a legitimate interest in the sense of GDPR. The responsibility for operation in conformity with data protection belongs to their respective providers. The integration of these plug-ins by us is undertaken by way of the so-called two-click method, as a means of protecting visitors to our website as far as possible.
a) YouTube
aa) We have integrated YouTube videos in our online offer, these being stored on http://www.YouTube.comand directly playable from our website. They are all integrated in "extended data-protection mode", i.e. no data on you as the user is transferred to YouTube, if you do not play the videos. Only if you play the videos is the data itemized in paragraph 2 transferred. We have no influence on this data transfer.
bb) From the visit to the website YouTube receives the information that you have called-up the corresponding sub-page of our website. Furthermore, the data itemized under point 2 a of this statement is transferred. This occurs regardless of whether YouTube makes a user account available, via which you are logged on, or whether no user account exists. If you have logged on with Google, your data will be directly assigned to your account. If you do not want the assignment to your profile with YouTube, you must log off before activating the button. YouTube stores your data as user profiles and uses them for purposes of advertising, market research and/or needs-oriented design of its websites. Such evaluation is undertaken (even for non-logged-on users) particularly for provision of requirement-specific advertising and to inform other users of the social network about your activities on our website. You have a right to object to the creation of these user profiles, although you must contact YouTube in order to exercise this right.
cc) You can obtain further information on the purpose and extent of the data acquisition and its processing by YouTube in the data-protection statement. There you can also obtain further information on your rights and setting options to protect your private sphere: www.google.de/intl/de/policies/privacy. Google also processes your personal data in den USA and is subject to the EU-US-Privacy-Shield (https://www.privacyshield.gov/EU-US-Framework).
7. Mobile Apps
a) In addition to our online offer we can offer you a mobile app that you can download to your mobile terminal device. In what follows we provide information on the collection of personal data when using our mobile app. Personal data is data that relates to you personally, e.g. name, address, e-mail addresses, user behaviour.
b) Controllers, in accordance with article 4, paragraph 7 of the EU General Data Protection Regulation (GDPR) are named at the beginning of this data-protection statement, under point 1. These are also responsible for the mobile apps.
c) If, for individual functions of our offer, we have to rely on commissioned service companies, or if we would like to use your data for advertising purposes, we will inform you below in detail about the respective procedures. We will also thereby indicate the fixed criteria for the storage period.
d) On downloading the mobile app the necessary information is transferred to the app store, in particular the user name, the e-mail address and the customer number of your account, the time of the download, payment information and the individual device identifying number. We have no influence on this data collection and are not responsible for it. We process the data only to the extent that this is necessary for the downloading of the mobile app to your mobile terminal device.
e) When you use the mobile app we collect the personal data described below, in order to make using the functions more comfortable. When you decide to use our mobile app, we collect the following data that for us is technically necessary to be able to offer you the functions of our mobile app and to guarantee stability and security. The legal basis is article 6, paragraph 1, sentence 1, letter f of GDPR.
– IP Address
– Date and Time of Access
– Time-Zone Difference to Greenwich Mean Time (GMT)
– Content of Enquiry (specific page)
– Access Status / HTTP Status Code
– Data Quantity Transferred in Each Case
– Website From Which the Enquiry Comes
– Browser
– Operating System and Its Surface
– Language and Version of the Browser Software.
f) We furthermore process your device identification, the explicit number of the terminal device (IMEI = International Mobile Equipment Identity), the explicit number of the network user (IMSI = International Mobile Subscriber Identity), the mobile-telephone number (MSISDN = Mobile Station Integrated Services Digital Network), the MAC address for WLAN utilization, the name of your mobile terminal device, and the e-mail address.
g) The mobile app employs no cookies.
8. Rights of Persons Affected
You have the right:
- in accordance with article 15 of GDPR, to demand information on your personal data processed by us. In particular, you can demand information on the purposes of the processing, the category of the personal data, the categories of recipients with respect to whom your data has been or will be disclosed, the planned period of storage, the existence of a right to correction, deletion, limitation of the processing or objection to it, the existence of a right of objection, the origins of your data, if this has not been collected by us, and about the existence of an automated decision-making process including profiling and, where applicable, meaningful information on the related details;
- in accordance with article 16 of GDPR, to demand the immediate correction of incorrect data, or to have any incomplete personal data of yours stored by us, completed;
- in accordance with article 17 of GDPR, to demand the deletion of your personal data stored by us, provided the processing is not necessary for the exercising of the right to freedom of expression and information, for the fulfilment of a legal obligation, for reasons that are in the public interest, or for assertion, exercising or defence of legal entitlements;
- in accordance with article 18 of GDPR, to demand limitations on the processing of your personal data, if the correctness of the data is contested by you, if the processing is unlawful but you reject the deletion of the data and we no longer require it, though you need it for assertion, exercising or defence of legal entitlements, or if you have protested against its processing, in accordance with article 21 of GDPR;
- in accordance with article 20 of GDPR, to demand to be sent personal data of yours, that you have provided us with, in a structured, standard and machine-readable format, or to demand its transfer to another controller.
- in accordance with article 7, paragraph 3 of GDPR, to revoke your previously given consent, with respect to us, at any time. This has the consequence that, from then on, we will no longer be entitled to undertake data processing dependent on this consent;
- in accordance with article 77 of GDPR, to lodge a complaint with a supervisory authority. As a rule you can choose, for this purpose, the supervisory authority at your customary place of residence or workplace, or that at the place of registered address of our business.
9. Right of Objection
If your personal data is processed, on the basis of legitimate interests, in accordance with article 6, paragraph 1, sentence 1, letter f of GDPR, you have the right, in accordance with article 21 of GDPR, to protest against the processing of your personal data, provided there are reasons for doing so that arise from your special situation, or the objection is aimed at direct advertising. In the latter case you have a general right of objection that will be implemented by us without the need for details referring to a special situation.
If you wish to make use of your right of revocation or your right of objection, it is sufficient to send an e-mail to: datenschutz@elbjazz.de
10. Data Security
During the visit to the website we make use of the much used SSL (secure socket layer) procedure in conjunction with the respective highest encryption level that is supported by your browser. This is normally a 256-bit encryption. If your browser does not support a 256-bit encryption, we resort instead to 128-bit v3 technology. You can see whether a single page of our Internet presentation can be transferred encrypted from the closed depiction of the key or lock symbol in the lower status bar of your browser.
We otherwise make use of appropriate technical and organizational security measures to protect your data against accidental or deliberate manipulation, partial or complete loss, destruction or unauthorized access by third parties. Our security measures are continuously improved in accordance with technological developments.
11. Current Validity of and Amendments to this Data-Protection Statement
This data-protection statement is currently valid as in May 2018.
Due to the further development of our website and the offers presented in it, or due to changes in statutory or official specifications, it may prove necessary to alter this data-protection statement. The respective, current data-protection statement can be called up by you on the website, under https://www.elbjazz.de/en/, at any time.
12. Supervisory authority data protection
Freie und Hansestadt Hamburg, Der Beauftragte für Datenschutz und Informationsfreiheit, Herr Professor Dr. Johannes Caspar, Ludwig-Erhard-Straße 22, 20459 Hamburg, Telefon : 0049-(0)40-42854 4040, Telefax : 0049-(0)40-42854 4000,
E-Mail : mailbox@datenschutz.hamburg.de