I. General information

1. Controller

Below we explain which personal data we collect and process when our offers or services are used. We are:

Stiftung Digitale Spielekultur gGmbH
Marburger Str. 2
10789 Berlin
Germany

Phone: 0049 030 236 258 94 0

Email: kontakt[at]stiftung-digitale-spielekultur.de

“Personal data” means the particulars concerning the personal or material circumstances of an identified or identifiable natural person.

2. Legal basis

We collect and process personal data on the following legal bases:

• Consent pursuant to Article 6(1)(a) of the General Data Protection Regulation (GDPR). “Consent” means any voluntary, informed declaration of intent that is unambiguously given for a specific case in the form of a declaration or other clear confirming action with which the data subject signifies that they agree to the processing of the personal data concerning them.
• We need the data to perform a contract or take steps before entering into a contract pursuant to Art. 6(1)(b) GDPR. This means we need the data to meet our contract obligations toward you or to prepare to enter into a contract with you.
• We must process the data to meet legal obligations pursuant to Article 6(1)(c) GDPR. This means the data processing is compulsory (pursuant to a legal statute or other regulations, for example).
• We must process the data to protect legitimate interests pursuant to Art. 6(1)(f) GDPR. This means the processing is necessary to protect our legitimate interests or those of a third party, unless those legitimate interests are outweighed by your interests or basic rights and freedoms that require the protection of personal data.

3. Rights of data subjects

Pursuant to the following articles of the General Data Protection Regulation, you have the following rights regarding the data processing we perform:

• Right to information pursuant to Art. 15 GDPR—that is, the right to be informed about which of your personal data we are processing, and how,
• Right to rectification pursuant to Art. 16 GDPR—that is, the right to demand that false or incomplete data concerning you be corrected or completed without undue delay,
• Right to erasure (“right to be forgotten”) pursuant to Art. 17 GDPR—that is, the right to demand that your personal data be erased, if certain conditions are met,
• Right to restriction of processing pursuant to Art. 18 GDPR—that is, the right to demand that the processing of your personal data be restricted, if certain conditions are met,
• Right to data portability pursuant to Art. 20 GDPR—that is, the right to receive the personal data concerning you, which you have provided, in a structured, commonly used and machine-readable format, and the right to transmit that data to a third party, if certain conditions are met,
• the right to object pursuant to Art. 21 GDPR—that is, the right to object to the processing of your personal data if the processing is based on our legitimate interests, if certain conditions are met.

Without prejudice to other administrative rights or the right to apply to the courts, you have the right to lodge a complaint with a supervisory authority if you believe that the processing of the personal data concerning you breaches the GDPR; this particularly applies to supervisory authorities in the Member State of your abode or the place of the alleged breach.

4. Data erasure and storage duration

The personal data concerning the data subject will be erased or blocked as soon as the purpose for their storage no longer applies. The data may be stored beyond this point if European or national legislators have provided for this in regulations under Union law, statutes, or other regulations to which the controller is subject. The data will also be blocked or erased if a retention period prescribed by the aforementioned standards expires, unless continued storage is necessary in order for us to enter into or perform a contract.

II. Specific data processing

1. Data collection during visits to the website through our web server

a) Extent of the processing

When our website is visited, our web server collects and stores the following data:

• Information about the browser and the version used
• The user’s operating system
• The user’s internet service provider
• The user’s IP address
• Date and time of the access
• Log file on errors or successful delivery
• Websites from which the user’s system accesses our internet site.
• Websites that are accessed from the user’s system through our website

Our hosting provider stores the data in our system’s log files within the European Union. That data will not be stored together with any of the user’s other personal data.

b) Legal basis

The data processing is legally based on Art. 6(1)(f) GDPR.

This means the legitimate interest for the purposes of Art. 6(1)(f) DSGVO is our website’s functionality and availability.

The processing by our hosting provider is legally based on Art. 28(3) GDPR.

c) Purpose of the data processing

The system must store the IP address temporarily so the website can be delivered to the user’s computer. To that end, the user’s IP address must remain stored during the session.

The data is stored to ensure the website is functional. And we use the data to optimize the website and ensure the security of our IT systems. The data is not evaluated for marketing purposes in this context.

d) Storage duration

The log files are anonymized by truncating the IP address unless the data must be retained further for the aforementioned purpose due to specific events. Archived log files will be erased after 356 days.

e) Option for objection and rectification

The collection of the data to provide the website and the storage of the data in log files is absolutely necessary to operate the internet site. Therefore, the user has no right to object.

2. Data collection by our web analysis service when our website is visited.

a) Extent of the processing

This website uses the open source web analysis service Matomo. Matomo uses cookies (see section 3 of this privacy policy). The information the cookie generates on the use of the website is stored on our hosting provider’s server only after you provide your consent during your first visit to this website. You may revoke your consent afterwards. Matomo cookies remain on your end device until you erase them. Matomo collects and stores the following data:

• Information about the browser and the version used
• The device type used
• The operating system of the device used
• Location, date, and time of the access
• Duration of the visit to our website
• The user’s IP address (anonymized in advance)

The information the cookie generates on the use of www.stiftung-digitale-spielekultur.de is not passed on to third parties, since Matomo is installed on our server and is evaluated there. You can adjust your browser settings to keep cookies from being stored. But please be aware that if you do, you may not be able to use all the website’s functions to their full extent.

b) Legal basis

The data processing is legally based on your express consent pursuant to Art. 6(1)(a) GDPR.

c) Purpose of the data processing

The system must store the IP address temporarily so the website can be delivered to the user’s computer. To that end, the user’s IP address must remain stored during the session.

The data is stored to test the interest in our website, optimize it accordingly, and make it more user-friendly.

d) Storage duration

The user’s IP address will be anonymized before the storage by Matomo. The anonymized data will be erased after 540 days.

e) Option for objection and rectification

When you first visit the website, you will be prompted to provide your consent to the data capture by Matomo. If you respond to that request by giving your consent to the data capture by Matomo, a cookie will be placed for Matomo that allows your data to be collected during future visits to this website.  If you delete your cookies, the Matomo opt-in cookie will be deleted as well. So if you make another visit, you will be asked to provide your consent again so you can decide once more whether you wish to grant it. If you wish to revoke a consent you have granted, you can do so by deleting your cookies in your browser so that you will be asked again during your next visit. Alternatively, you can change your settings afterwards by clicking on privacy settings.

3. Making contact by email

a) Extent of the processing

You can contact us at the email addresses provided on the websites. If you do so, the personal data you transmit to us with the email will be stored. If you register for a format or event with us and enter your email address, we can use it to send emails. In this case, only news about that format or event or possible follow-up projects will be sent to your email address.
The data will be processed and stored on a server of an external, US-based email provider we have commissioned.

b) Legal basis

The legal basis for processing the data transmitted to us when an email or contact enquiry is sent using the contact form is Art. 6 (1)(f) GDPR. If the email contact is aimed at entering into a contract, the processing is also legally based on Art. 6(1)(b) and (c) GDPR.
The legitimate interest for the purposes of Art. 6(1)(f) GDPR lies in answering a customer inquiry or answering a contact request for other topics.
The processing by our email provider is legally based on Art. 28(3, 6) GDPR in conjunction with the use of the standard contract clauses of the EU Commission.

c) Purpose of the data processing

The purpose of the data storage is to enable contact to be established at your request.

d) Storage duration

The data will be stored as long as is necessary to execute the request. If business letters that must be stored in accordance with commercial and tax law are involved, they will be stored beyond that extent, in accordance with the statutory retention periods.

e) Option for objection and rectification

You may object to further use at any time. You can email your objection to: kontakt@stiftung-digitale-spielekultur.de. If a statutory retention obligation exists, the data cannot be erased, but they will be blocked from any other use. If you raise an objection, the conversation cannot be continued.

4. Sending the newsletter

a) Extent of the processing

On our website, you can subscribe to a free newsletter containing information on current topics and projects of Stiftung Digitale Spielekultur. If you subscribe to the newsletter, the data from the input screen will be transmitted to us (or the email address already registered will be used) and the date and time of the subscription to the newsletter and the IP address used will be stored. When you click on the confirmation link for the newsletter subscription, the date and time and your IP address will be stored.

So that the newsletter can be sent, your email address will be forwarded to an external service provider that sends the newsletter on our behalf. The service provider will not use the data for any other purpose. The service provider is headquartered in the European Union.

b) Legal basis

The processing of the data to send the newsletter due to prior participation in our events is legally based on Art. 6(1)(f) GDPR in conjunction with § 7(3) of the German Law against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb, UWG). The legitimate interest for the purposes of Art. 6(1)(f) GDPR is therefore the promotion of our events.

The processing of the data for the direct subscription to the newsletter is legally based on Art. 6(1)(a) GDPR.

The forwarding of the data to the service provider who sends the newsletter is legally based on Art. 28(3) GDPR.

c) Purpose of the data processing

The email address is stored so contact can be established electronically for informational purposes. The date and IP address of the subscription and of the confirmation of the subscription will be collected to evidentially document your consent to receive the newsletter and to rule out misuse. The data must be forwarded to the service provider so the newsletter can be sent as a mass mailing.

d) Storage duration

If you have expressly consented to receiving the newsletter, we will erase the email address or block it from the mailing only if you revoke your consent. The data on the confirmation of your ordering the newsletter will be stored until that point. Otherwise, your data will be erased two years after your last participation.

e) Option for objection and rectification

Each mailing of the newsletter contains a link with which you can object to your data being used for that purpose; if you do, your objection will affect future mailings. You can also object to your data being used to send the newsletter by sending an email to kontakt[at]stiftung-digitale-spielekultur.de; if you do, your objection will affect future mailings. If you object by email, the erasure or blocking can take up to 5 business days to implement, and more mailings might be made during that period.

5. Social media and media linking

a) Extent of the processing

We occasionally integrate content from social media or video portals on our websites. In these cases, this content is not initially loaded. It will be loaded only when you click on an appropriately labelled link with information on the respective provider of the integrated content. This will establish a direct connection to the web server of the provider in question, who can then process personal data concerning you. The provider’s privacy policy will explain which data that is:

Google provides its privacy policy here:
https://policies.google.com/privacy

Meta (Facebook, Instagram, Threads) provides its privacy policy here:
https://www.facebook.com/policy.php

Apple provides its privacy policy here:
https://www.apple.com/de/legal/privacy/de-ww/

Open Street Maps provides its privacy policy here:
https://wiki.osmfoundation.org/wiki/Privacy_Policy 

X (Twitter) provides its privacy policy here:
https://twitter.com/de/privacy

Vimeo provides its privacy policy here:
https://vimeo.com/privacy

LinkedIn provides its privacy policy here:
https://de.linkedin.com/legal/privacy-policy

b) Legal basis

Enabling the data collection by the respective content provider is legally based on your express consent pursuant to Art. 6(1)(a) GDPR by selecting the appropriate link despite a relevant notice.

c) Purpose of the data processing

The content provider collects the data to allow visitors to access additional content from our internet services that might interest them.

d) Storage duration

We do not store any data.

e) Option for objection and rectification

You can decide whether you wish to grant the relevant consent for each embedded content. Any claims, objections, or requests for removal must then be directed to the body collecting the data.

6. Contract management

a) Extent of the processing

As part of our projects, contracts to participate in events or render lecture services, training services, or other services are entered into periodically. To make these contracts easier to process and archive, we use a US-based service provider. That provider will be notified of the contract text as well as the names and email addresses of the authorized signatories. The service provider then emails those signatories, processes the contract signatures online, and archives the contract for us.

b) Legal basis

The forwarding of the data to the service provider is legally based on Art. 6(1)(f) GDPR, Art. 28(3, 6) GDPR in conjunction with the standard contract clauses of the EU Commission. The archiving is legally based on Art. 28(3, 6) GDPR as part of our contract performance pursuant to Art. 6. (1)(b) GDPR.  The legitimate interest is in the contract management being processed centrally and simply.

c) Purpose of the data processing

The purpose is to process signatures and manage contracts in a paperless form and with a high level of legal certainty.

d) Storage duration

All contract data is stored for at least the duration of the statutory retention obligation under tax and commercial law. If this affects the granting of rights, that data will be stored beyond that, until the duration of the respective protective right.

e) Option for objection and rectification

You can notify us in advance if you do not wish to provide a digital signature. If you do, we will send you a written contract. But archiving continues to be possible regardless of this, and you cannot object to it.

7. Recording events

a) Extent of the processing

Events are held on a regular basis as part of our projects. If notice is given in the invitation, the participation contracts, or on site that we create audio and visual recordings of the event, we will make such recordings on site without referring to them each time, and publish or allow the publication of such recordings in part or in full on our websites and social media and on the websites of our event partners and organizers.

We might use external companies to create the recordings. The recordings will be stored for our websites by a service provider headquartered in the Federal Republic of Germany and, if they are published on social networks, will also be stored and published there—including outside the European Union, if applicable.

b) Legal basis

The legal basis for creating the recordings and publishing them or forwarding them to co-organizers or sponsors is the protection of our rights arising from the respective contract on participation in the respective event pursuant to Art. 6(1)(b) GDPR and, if there is no contract, your consent pursuant to Art. 6(1)(a) GDPR and the provisions of the German Act on the Protection of the Copyright in Works of Art and Photographs (Kunsturhebergesetz, KUG). Creating the recordings and storing them on our behalf is legally based on Art. 28(3) GDPR.

c) Purpose of the data processing

The purpose is to publicly document and report on our work.

d) Storage duration

The recordings will be used permanently for the documentation and reporting unless you assert a justified request for deletion.

e) Option for objection and rectification

You cannot object in advance to recordings being made at our events. If we have no contractual right to use the recordings, however, you can notify us that you do not desire a

publication. In this case, we will not publish recordings that we have no right to use under the KUG, or we will remove them.

8. Cookies and local storage

Cookies and local storage represent “storage space” for data on your computer. Content providers frequently use the web browser to access files stored on your computer or store information to be accessed later. This can be language settings for a website, the content of a shopping cart, or settings data for video playback, for example.

Specifically, the following data packets can be called up on our website in the form of cookies or local storage files. If the data packets are not technically necessary to operate the website, you may reject or accept them when you load the website. Once you grant your consent, you can revoke it at any time. In practice, you can accomplish this by blocking the cookies in your browser or by re-accessing the cookie banner at privacy settings.

9. Current version of this privacy policy

The current version of this privacy policy can always be retrieved at www.stiftung-digitale-spielekultur.de/en/privacy/

Updated: 22 May 2024