Privacy Policy
Is responsible in the sense of the basic data protection regulation, other data protection laws applicable in the member states of the European Union and other regulations of a data protection nature:
Johannes Tibursky
Weinmeisterstraße 7
D-10178 Berlin
VAT ID No. DE136339183
music@kitchen.fm
www.tibursky.com
Data protection has a particularly high priority for me. A use of this website is basically possible without any indication of personal data. However, if a person concerned wishes to make use of special services via this website, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, I generally obtain the consent of the person concerned.
The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the basic data protection regulation and in compliance with the country-specific data protection regulations applicable to the website. By means of this data protection declaration I would like to inform the public about the type, scope and purpose of the personal data that I collect, use and process. Furthermore, this data protection declaration informs affected persons about the rights to which they are entitled.
As the person responsible for processing, I have implemented numerous technical and organisational measures in order to ensure that the personal data processed via this website is protected as completely as possible. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to me by alternative means, for example by telephone.
Definitions
The privacy statement is based on the terms used by the European legislator for directives and regulations when the basic data protection regulation (DS-GVO) was adopted. My data protection declaration should be easy to read and understand for the public as well as for my customers and business partners. To ensure this, I would like to explain the terms used in advance.
I use the following terms, among others, in this data protection declaration:
(a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as ‘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 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 means any identified or identifiable natural person whose personal data are processed by the controller.
(c) processing
Processing is any operation or set of operations, performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, organisation, filing, 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 limiting their future processing.
(e) profiling
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location.
(f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.
(g) Controller or data controller
Controller or data controller shall mean the natural or legal person, public authority, agency or any 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 law or by the law of the Member States, provision may be made for the controller or for the specific criteria for his or her designation in accordance with Union law or the law of the Member States.
(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
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not it is a third party. However, authorities which may receive personal data in the course of a specific investigation, in accordance with Union or national law, shall not be considered as recipients.
(j) third parties
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.
(k) Consent
Consent shall mean any freely given specific and informed expression of the data subject’s will in an informed and unequivocal manner, in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
Name and address of the controller
is responsible in the sense of the basic data protection regulation, other data protection laws applicable in the member states of the European Union and other regulations of a data protection nature:
Johannes Tibursky, Weinmeisterstrasse 7, D-10178 Berlin
e-mail: music@kitchen.fm
Website: www.tibursky.com
Collection of general data and information
This website collects a number of general data and information every time a data subject or automated system accesses the website. This general data and information is stored in the server log files. The following can be recorded: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on my website, (5) the date and time of an access to the internet page, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information which serve to prevent danger in case of attacks on my information technology systems.
When using this general data and information, no conclusions are drawn about the person concerned. This information is rather required to (1) deliver the contents of my website correctly, (2) optimize the contents of my website as well as the advertising for it, (3) to ensure the permanent functionality of my information technology systems and the technology of my website as well as (4) to provide law enforcement authorities with the information necessary for prosecution in case of a cyber attack. These anonymously collected data and information are therefore evaluated statistically on the one hand and also with the aim of increasing data protection and data security, in order to ultimately ensure an optimum level of protection for the personal data processed by me. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
Routine deletion and blocking of personal data
The controller shall process and store personal data relating to the data subject only for the time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or by any other law or regulation to which the controller is subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.
Videos – Vimeo
On our site we use videos from Vimeo. Since it is not possible to host the videos locally on our server, we use the services of Vimeo, a third party provider. For technical reasons, the integration of Vimeo videos results in calls to the Vimeo servers. Data from your browser or end device is transmitted to the Vimeo server. It is also transmitted which of our websites you have visited. Please refer to the provider’s data protection information for the use of your browser or device data in connection with the playback of a video. Further information on data processing and notes on data protection by Vimeo can be found at https://vimeo.com/privacy
Google Fonts
Our homepage uses so-called web fonts to display the font. These are provided by Google (http://www.google.com/webfonts/). When you call up our website, your browser loads the required web fonts from a Google server into your browser cache, whereby information from your browser flows back to Google. The Google web fonts enable your browser to display a visually improved display of our texts. If your browser does not support this feature, a default font is loaded from your computer and used to display the text. This feature is provided to us by the website provider and cannot be disabled]. For more information about Google Web Fonts, please visit https://developers.google.com/fonts/faq?hl=de-DE&csw=1. For general information about Google’s privacy policy, please visit http://www.google.com/intl/de-DE/policies/privacy/
Rights of the data subject
(a) Right to confirmation
Every data subject has the right, granted by the European Directive and Regulation, to obtain confirmation from the controller as to whether the personal data concerned are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact the controller.
(b) Right of access
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain at any time and free of charge from the controller information on the personal data stored in relation to him or her and a copy thereof. Furthermore, the European Directive and Regulation Giver has granted the data subject access to the following information:
– the processing purposes
– the categories of personal data processed
– the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or to international organisations
– if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
– the existence of a right of rectification or erasure of personal data relating to them or of a right of objection to their processing by the controller
– the existence of a right of appeal to a supervisory authority
– if the personal data are not collected from the data subject: All available information on the origin of the data
– the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DPA and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject
The data subject shall also have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in relation to the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact the controller.
(c) Right of rectification
Every person concerned by the processing of personal data has the right, granted by the European legislator, to request the rectification without delay of inaccurate personal data concerning him. Furthermore, the data subject shall have the right to request the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact the controller.
(d) Right of cancellation (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate erasure of personal data relating to him/her, where one of the following reasons applies and provided that the processing is not necessary:
– the personal data have been collected or otherwise processed for purposes for which they are no longer necessary
– The data subject withdraws the consent on which the processing was based under Article 6(1)(a) of the DS Block Exemption Regulation or Article 9(2)(a) of the DS Block Exemption Regulation and there is no other legal basis for the processing.
– The data subject objects to the processing pursuant to Article 21(1) of the DS-BER and there are no overriding legitimate reasons for processing, or the data subject objects to the processing pursuant to Article 21(2) of the DS-BER.
– The personal data were processed unlawfully.
– The deletion of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
– The personal data were collected in relation to information society services offered in accordance with Article 8(1) of the DS-BER.
If any of the above reasons apply and a data subject wishes to have personal data stored deleted, he or she may contact me at any time. I will ensure that the request for deletion is complied with without delay.
If the personal data have been made public and Ulrich Pakusch, as the data controller, is obliged to delete the personal data pursuant to Article 17 (1) of the DS Block Exemption Regulation, he shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested these other data controllers to delete all links to these personal data or copies or replications of these personal data, unless the processing is necessary. I will arrange for the necessary action in individual cases.
(e) Right to limit processing
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the controller to restrict the processing if one of the following conditions is met:
– the accuracy of the personal data is contested by the data subject, for a period of time sufficient to enable the controller to verify the accuracy of the personal data
– The processing is unlawful, the data subject refuses to have the personal data deleted and instead requests the restriction of the use of the personal data.
– The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to assert, exercise or defend legal claims.
– The data subject has lodged an objection to the processing pursuant to Article 21 (1) of the DPA and it is not yet clear whether the legitimate reasons given by the controller outweigh those given by the data subject.
– If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored, he or she may contact me at any time. I will arrange for the restriction of the processing.
(f) Right to data portability
Every person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her which have been provided by the data subject to a controller in a structured, common and machine-readable format. He or she also has the right to have these data communicated to another controller without hindrance by the controller to whom the personal data have been made available, provided that the processing is based on the consent pursuant to Article 6 paragraph 1 letter a of the DPA or Article 9 paragraph 2 letter a of the DPA or on a contract pursuant to Article 6 paragraph 1 letter b of the DPA, and provided that the processing is carried out by means of automated procedures, 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, when exercising his or her right to data transfer pursuant to Article 20 paragraph 1 of the DPA, the data subject has the right to obtain that personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.
To assert the right to data transferability, the data subject may contact me at any time.
(g) Right to object
Every person concerned by the processing of personal data has the right, granted by the European legislator, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her carried out pursuant to Article 6(1)(e) or (f) of the Block Exemption Regulation. This also applies to profiling based on these provisions.
In the event of an objection, I shall no longer process the personal data unless I can demonstrate compelling legitimate reasons for processing which outweigh the interests, rights and freedoms of the data subject, or unless the processing is for the purpose of asserting, exercising or defending legal claims.
Where I process personal data for the purpose of direct marketing, the data subject shall have the right to object, at any time, to the processing of personal data for the purpose of such marketing. This also applies to profiling, insofar as it is related to such direct marketing. If the data subject objects to me being processed for the purposes of direct marketing, I shall no longer process the personal data for those purposes.
Furthermore, the data subject has the right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her for the purposes of scientific or historical research or for statistical purposes in accordance with Article 89 (1) of the DPA, unless such processing is necessary for the performance of a task carried out in the public interest.
To exercise the right of objection, the data subject may contact me directly. The data subject is also free to exercise his or her right of objection in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.
(h) Automated case-by-case decisions including profiling
Every person concerned by the processing of personal data has the right, as granted by the European Directives and Regulations, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or national legislation to which the controller is subject and that such legislation provides for adequate safeguards of the rights and freedoms and legitimate interests of the data subject, or (3) is taken with the explicit consent of the data subject.
here the decision is (1) necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is taken with the express consent of the data subject, appropriate measures shall be taken to safeguard the rights and freedoms and the legitimate interests of the data subject, which shall include at least the right to obtain the intervention of the controller, to put forward his point of view and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact the controller.
(i) Right to withdraw consent for data protection
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to revoke his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time contact the controller.
Legal basis of the processing
Article 6 I(a) of the DS Block Exemption Regulation provides me with a legal basis for processing operations for which I seek consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, such as processing operations necessary for the supply of goods or any other form of service or consideration, the processing is based on Article 6 I(b) of the Block Exemption Regulation. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about my services. If I am subject to a legal obligation which makes the processing of personal data necessary, for example to fulfil tax obligations, the processing is based on Article 6 I letter c of the DS-GVO. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person.
Ultimately, processing operations could be based on Article 6 I (f) DS-BER. This is the legal basis for processing operations that are not covered by any of the above legal bases when the processing is necessary to protect a legitimate interest of mine or of a third party, unless the interests, fundamental rights and freedoms of the data subject outweigh the processing. Such processing operations are permitted to me in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2, DS-GVO).
Duration for which personal data are stored
The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of this period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment of the contract or the initiation of a contract.
Legal or contractual provisions on 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 not providing the data
I would like to inform you that 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 that a person concerned provides me with personal data which must subsequently be processed by me. For example, the data subject is obliged to provide me with personal data if I conclude a contract with him/her. 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 me. I will inform the data subject 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
I do not use automatic decision making or profiling.
