Imprint and Data Protection Declaration

I. Name and Address of FH Aachen - University of Applied Sciences (responsible party)
The responsible party within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:

FH Aachen - University of Applied Sciences
P.O. Box 100560
52005 Aachen
Germany
Tel.: +49.241.6009 0
Fax.: +49.241.6009 51090
Website: www.fh-aachen.de.de

II. Name and Address of the Data Protection Officer of FH Aachen - University of Applied Sciences
The Data Protection Officer of the data controller is:
Mr. Thomas Lex
P.O. Box 100560
52005 Aachen
Germany
Tel.: +49.241.6009 51043
Email: [email protected]

III. General Information on Data Processing
1 Scope of processing of personal data
As a matter of principle, we collect and use personal data of our users only insofar as this is necessary for the provision of a functional website as well as our contents and services. The collection and use of our users' personal data regularly only takes place with the user's consent. An exception applies in those cases in which it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted by legal regulations.

2 Legal basis for the processing of personal data
If we obtain the consent of the data subject for processing operations involving personal data, Article 6 (1) lit. a of the EU Data Protection Regulation (DSGVO) serves as the legal basis. When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) (b) DSGVO serves as the legal basis. 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, Art. 6 (1) c DSGVO serves as the legal basis. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) (d) DSGVO serves as the legal basis. 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, Art. 6 (1) lit. f DSGVO serves as the legal basis for the processing.

3 Data deletion and storage period
The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage no longer applies. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned norms expires, unless there is a necessity for the continued storage of the data for the conclusion or fulfilment of a contract.
IV. Rights of the data subject
If your personal data are processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

1. Right of access

You may request confirmation from the controller as to whether personal data relating to you are being processed by us. If such processing is taking place, you may request the controller to provide you with the following information:

(1) the purposes for which the personal data are processed;
(2) the categories of personal data which are processed;
(3) the recipients or categories of recipients to whom the personal data are disclosed. (4) the envisaged duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectify or erase the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data if the personal data are not collected from the data subject;
(8) the existence of automated decision-making including profiling pursuant to Art. 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject. You have the right to request information on whether personal data concerning you are transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer.

2. Right to Rectification

You have a right to rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The controller must make the rectification without undue delay.

3. Right to Restriction of Processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need them for the establishment, exercise or defence of legal claims; or
(4) if you object to the processing pursuant to Art. 21 (1) DSGVO and it has not yet been determined whether the legitimate grounds of the controller outweigh your grounds. Where the processing of personal data relating to you has been restricted, such data may be processed, except for storage, only with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or of a Member State. If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. Right to Erasure

a) Obligation to erase
You may request the controller to erase the personal data concerning you without undue delay and the controller is obliged to erase this data without undue delay if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent on which the processing was based pursuant to Art. 6 (1) a or Art. 9 (2) a DSGVO and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.
(4) The personal data concerning you have been processed unlawfully.
(5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
(6) The personal data concerning you has been collected in relation to information society services offered in accordance with Article 8(1) DSGVO.

b) Information to third parties If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, the controller shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers who process the personal data that you, as the data subject, have requested them to erase all links to, or copies or replications of, that personal data.

c) Exceptions The right to erasure does not exist insofar as the processing is necessary
(1) for the exercise of the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the field of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89(1) of the GDPR, where the right referred to in section (a) is likely to make impossible or seriously prejudice the achievement of the purposes of such processing; or
(5) for the establishment, exercise or defence of legal claims.

5. Right to Information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of the data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of these recipients by the controller.

6. Right to Data Portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that

(1) the processing is based on consent pursuant to Art. 6(1)(a) DSGVO or Art. 9(2)(a) DSGVO or on a contract pursuant to Art. 6(1)(b) DSGVO and
(2) the processing is carried out with the aid of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. This must not affect the freedoms and rights of other persons. The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to Object

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) or (f) DSGVO; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.
If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this also applies to profiling insofar as it is related to such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.

8. Right to Revoke the Declaration of Consent Under Data Protection Law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

9. Automated Decision-Making in Individual Cases, Including Profiling

You have the right not to be subjected to a decision based exclusively on automated processing - including profiling - which produces legal effects vis-à-vis you or similarly significantly affects you. This does not apply if the decision

(1) is necessary for the degree or performance of a contract between you and the controller,

(2) is permitted by Union or Member State law to which the controller is subject and that law contains adequate measures to safeguard your rights and freedoms and your legitimate interests, or

(3) is made with your explicit consent.

However, these decisions must not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

10. Right to Lodge a Complaint With a Supervisory Authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

This information was taken from a model data protection declaration developed by Professor Dr. Thomas Hoeren together with staff from the DFN Association's Legal Research Unit (including Johannes Baur and Charlotte Röttgen) and kindly made available to DFN members.