Privacy Policy Statement

The following privacy policy applies to the website www.hamburginnovation.de. We collect and process your personal data in order to be able to offer you the above-mentioned Internet presence. In the following, we inform you about the type, scope and purpose of the collection and use of your personal data. By using this website, you consent to the collection, use and transfer of your information in accordance with this Privacy Policy.

1. name and address of the person responsible

Responsible in the sense of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is: HAMBURG INNOVATION GMBH Johanna Große-Lohmann Zippelhaus 4 20457 Hamburg E-Mail: info@hamburginnovation.de Website: www.hamburginnovation.de Contact details for the data protection officer: datenschutz@hamburginnovation.de

2 General information on data processing

2.1. Scope of the processing of personal data

As a matter of principle, we only process your personal data insofar as this is necessary for the provision of a functional website and our content and services. Your personal data is regularly processed only with your consent. An exception applies in cases where obtaining your consent in advance is not possible for actual reasons and the processing of the data is permitted by legal regulations.

2.2. Legal basis for the processing of personal data

Insofar as we obtain consent from you for processing operations of your personal data, Art. 6 Abs. 1 lit. a EU General Data Protection Regulation (DSGVO) serves as the legal basis. When processing personal data that is necessary for the performance of a contract to which you are a party, Art. 6 para. 1 lit. 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 processing of your personal data is necessary for compliance with a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis. In the event that vital interests of you or another natural person require the processing of personal data, Art.  6 para. 1 lit. 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 if the interests, fundamental rights and freedoms of you do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f DSGVO serves as the legal basis for the processing.

2.3. Data deletion and storage period

Your personal data will be deleted or blocked as soon as the purpose of storage no longer applies. In addition, storage may take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which we are subject as the responsible party. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a necessity for the continued storage of the data for the conclusion or fulfilment of a contract.

3. provision of the website

3.1. 3. provision of the websiteDescription and scope of data processing

By calling up and using our website, the system automatically processes data and information. This data and information is not stored in log files. They are only used for the technical handling of the communication between server and client. These data include:

• IP address
• Date and time
• accessed page
• data volume transferred
• Access status
• Version des Browsers
• Screen resolution
• previously viewed page
• Operating system version

3.2. Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit.f DSGVO.

3.3. Purpose of the data processing

The temporary processing of the IP address by the system is necessary to enable delivery of the website to your computer. For this purpose, your IP address must be stored for the duration of the session. These purposes also constitute our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f DSGVO.

3.4. Duration of storage

The data is deleted immediately as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. In the case of storage of data for tracking (see section on Matomo, point 7), this is the case after 180 days at the latest.

3.5. Possibility of objection and removal

The collection of data for the provision of the website is absolutely necessary for the operation of the website. Consequently, there is no possibility for you to object.

4. use of cookies

4.1. 3. provision of the websiteDescription and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on your computer system. When you visit a website, a cookie may be stored on your operating system. This cookie contains a characteristic string of characters that allows your browser to be uniquely identified when you return to the website. We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change. The following data is stored and transmitted in the cookies:

• Information you have entered in the cookie settings (borlabs-cookie)
• Information to customise the home page when you visit it a second time (hi-visited-home)

  When you access our website, you will be informed about the use of cookies for analysis purposes (see Matomo) and your consent to the processing of personal data used in this context will be obtained. In this context, a reference to this data protection declaration is also made.  

• Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f DSGVO.

• Purpose of the data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognised even after a page change. We need cookies for the following applications:

• to remember your details regarding cookies and
• to adjust the start page for a repeated visit within a certain application period.

The user data collected through technically necessary cookies are not used to create user profiles. These purposes also constitute our legitimate interest in processing the personal data in accordance with Art. 6 para. 1 lit. f DSGVO.

4.4. Duration of storage, possibility of objection and elimination

Cookies are stored on your computer and transmitted from it to our website. Therefore, you also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website to their full extent.

5. Email contact

5.1. 3. provision of the websiteDescription and scope of data processing

You can contact us using the email addresses provided. In this case, your personal data transmitted with the e-mail will be stored. In this context, the data will not be passed on to third parties. Your data will only be used for processing the conversation.

5.2. Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if you have given your consent. The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f DSGVO. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.

5.3. Purpose of the data processing

We process your personal data solely for the purpose of contacting you. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data. 5.4. Duration of storage The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For your personal data sent by email, this is the case when the respective conversation with you has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified.

5.5. Possibility of objection and removal

You have the possibility to revoke your consent to the processing of personal data at any time. If you contact us by e-mail, you can always object to the storage of your personal data. In such a case, the conversation cannot be continued. Send your revocation of consent to: datenschutz@hamburginnovation.de You can also obtain information about the data stored about you at this address. If inaccurate data is stored, you can also request that it be corrected there. All personal data stored in the course of contacting us will be deleted in this case.

6. Web analysis by Matomo

6.1. Scope of the processing of personal data

We use the open source software tool Matomo (formerly PIWIK) on our website to analyse the surfing behaviour of our users. The software sets a cookie on your computer (for cookies, see section 4). If individual pages of our website are called up, the following data is stored:

• Two bytes of your IP address
• The accessed web page
• The website from which you accessed the website (referrer)
• The subpages that are accessed from the accessed webpage
• The length of stay on the website
• The frequency of access to the website

The software runs exclusively on the servers of our website. Your personal data will only be stored there. The data will not be passed on to third parties. The software is set in such a way that the IP addresses are not stored completely, but 2 bytes of the respective IP address are masked (ex.:  192.168.xxx.xxx). In this way, it is no longer possible to assign the shortened IP address to the calling computer.

6.2. Legal basis for the processing of personal data

The legal basis for the processing of your personal data is Art. 6 para. 1 lit. f DSGVO.

6.3. Purpose of the data processing

The processing of your personal data enables us to analyse your surfing behaviour. By evaluating the data obtained, we are able to compile information on the use of the individual components of our website. This helps us to constantly improve our website and its user-friendliness. These purposes also constitute our legitimate interest in processing the data pursuant to Art. 6 Abs. 1 lit. f DSGVO. By anonymising the IP address, your interest in the protection of your personal data is sufficiently taken into account.

6.4. Duration of storage

The data will be deleted as soon as it is no longer required for our recording purposes. In our case, this is the case after 180 days.

6.5. Possibility of objection and removal

Cookies are stored on your computer and transmitted from it to our website. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website to their full extent. We offer you the option of opting out of the analysis process on our website. To do this, you must follow the corresponding link. In this way, another cookie is set on your system, which signals to our system not to store your data. If you delete the corresponding cookie from your own system in the meantime, you must set the opt-out cookie again. For more information on the privacy settings of the Matomo software, please see the following link: https://matomo.org/docs/privacy/.

7. YouTube

Our website uses the provider YouTube LLC , 901 Cherry Avenue, San Bruno, CA 94066, USA, represented by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, for the integration of videos. Normally, when you call up a page with embedded videos, your IP address is already sent to YouTube and cookies are installed on your computer. However, we have embedded our YouTube videos with the extended data protection mode (in this case, YouTube still contacts Google’s Double Klick service, but according to Google’s privacy policy, personal data is not evaluated). This means that YouTube no longer stores any information about visitors unless you watch the video. When you click on the video, your IP address is transmitted to YouTube and YouTube registers that you have watched the video. If you are logged in to YouTube, this information is also assigned to your user account (you can prevent this by logging out of YouTube before viewing the video). We have no knowledge of and no influence on the possible collection and use of your data by YouTube. You can find more information in YouTube’s privacy policy at http://www.google.de/intl/de/policies/privacy/. In addition, we refer to our general presentation in this data protection declaration for the general handling and deactivation of cookies.

8. Cloud Services

8.1. 3. provision of the websiteDescription and scope of data processing

For data exchange we operate on our servers with the software ownCloud/Nextcloud  Cloud Services. ownCloud/Nextcloud are  web applications that enable files to be transferred within an organisation and also externally. Registration or the creation of an account is required for use..  . Consent to process your personal data is obtained during the account set-up process. The following personal data is stored for this purpose:

• Name
• E-mail address

In addition, further data is stored under the corresponding account on the server. In this context, HI will not pass on the data to unauthorised third parties. It is possible for users to share data among themselves and publish it via public links. The scope and type of data release is made transparent in the application.

8.2.  Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if you have given your consent. The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f DSGVO. If a data release within the application aims at the conclusion of a contract, the additional legal basis for the processing is Article 6 para. 1 lit. b DSGVO.

8.3. Purpose of the data processing

The processing of personal data within the framework of the account set-up serves us solely to provide access. Since the facility is only provided upon request, this is also where the necessary legitimate interest in processing the data lies.

8.4. Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. Storage is terminated when you, as the data subject, have your access deleted or the contractual relationship ends. The personal data collected will be deleted after a period of fourteen days at the latest.

8.5. Possibility of objection and removal

You have the option to revoke your consent to the processing of your personal data at any time. If you contact us by e-mail, you can object to the storage of your personal data at any time. In such a case, the use of the cloud service cannot be continued. Send your revocation of consent to: datenschutz@hamburginnovation.de You can also obtain information about the data stored about you at this address. If inaccurate data is stored, you can also request that it be corrected there. All personal data stored in the course of contacting us will be deleted in this case.

9.  Social Media

No data is transmitted to social network providers. In some places on our website, we link to our channels on social networks. If these links are used, with the associated change to the provider’s page, the data protection declaration applicable there applies.

10. Production and publication of photographs, audio and/or video recordings at events

10.1 General information on processing

If Hamburg Innovation projects hold information or networking events, photos, audio and/or video recordings may be made. These may be used and published for public relations, documentation and marketing purposes, in particular in:

• brochures
• Appearances on websites
• LinkedIn channels

  Processing is carried out in compliance with the GDPR and the German Art Copyright Act (KUG). As soon as individuals are recognisable in recordings, this constitutes personal data. The processing of this data for commercial purposes is generally only permitted with the voluntary and informed consent of the person photographed (Art. 6(1)(a) GDPR, Section 22 KUG). In certain cases – such as when photographing large crowds without focusing on individuals – processing may be based on a legitimate interest (Art. 6(1)(f) GDPR, Section 23 KUG). Our legitimate interest as an organisation lies in public relations work to provide information about our projects, increase our reach, attract new partners and document our work transparently. Visual reporting through photographs, sound recordings and/or film recordings is an essential and often indispensable part of this work. Careful consideration is given to balancing interests. These measures also serve to meet the requirements of the Hamburg institutions providing funding.

10.2. Consent

If you attend an event organised by Hamburg Innovation, individual photographs of you will only be taken with your express consent in writing. By giving this consent, you waive your right to preview and approve the photographs, audio and/or film recordings. This consent is granted for an indefinite period and does not expire automatically at any point in time. You have the right to object (Art. 21 GDPR) to the production and publication of photographs, audio and/or film recordings. You may withdraw your consent in writing at any time with effect for the future. If you subsequently object to a publication that has already been authorised, the photographs, audio and/or film recordings will no longer be used and will be deleted, unless there are compelling reasons to the contrary (Art. 17 GDPR). In addition, you have the right to information (Art. 15 GDPR) and, under certain conditions, to receive the data concerning you in a structured, commonly used and machine-readable format and to have it transferred to another controller (Art. 20 GDPR), as well as to restrict processing (Art. 18 GDPR). You also have the right to lodge a complaint with the competent supervisory authority (Art. 77 GDPR) if you believe that your rights have been violated.

10.3. Handling recordings

Group photos are taken as a priority. Portrait photographs of individuals will only be taken by prior arrangement. All photographs, audio and/or film recordings will be checked before publication. Recordings that show sensitive personal characteristics, invade privacy, or could be considered inappropriate or even defamatory will not be published. The recordings will be stored for a period of time after the purpose has ceased to exist or after an objection has been received, and will then be deleted. Hamburg Innovation undertakes not to use the resulting photo, audio and/or film material for any unauthorised or criminal purposes or in any way that could damage its reputation. No remuneration shall be paid for the creation of photographs, sound recordings and/or film recordings.

10.4. Disclosure and security

The data may be transferred to the following recipients:

• Service providers from the marketing industry
• LinkedIn

If online platforms are used where data processing takes place in a third country outside the European Union, we have taken measures to ensure that your data is processed in third countries as securely as it is within the European Union. The standard data protection clauses provided by the European Commission have been agreed upon, which provide appropriate safeguards for the protection of your data by service providers in third countries. Photo, audio and/or film recordings will not be passed on to third parties without your consent. However, we reserve the right to make them available on the internet using an appropriate contract processor. However, we would like to point out that when providing information on the Internet, it cannot be ruled out that photos, audio and/or film recordings may be stored and used elsewhere by third parties. Should you become aware of such external use, we will be happy to support you with the information available to us in any legal proceedings.

11. Rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights towards the responsible party:

11.1.  Right to information

You may request confirmation from us, the controller, as to whether personal data relating to you is being processed by us. If there is such processing, you can request information from the controller about the following: (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 concerning you have been or will be disclosed; (4)        the planned duration of the storage of the personal data relating to you or, if specific information on this is not possible, criteria for determining the storage duration; (5)        the existence of a right to rectify or erase personal data concerning you, a right to have processing restricted 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 you as a data subject. You have the right to request information on whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you can request to be informed about the appropriate guarantees according to the law. Art. 46 GDPR in connection with the transfer.

11.2. Right of rectification

You have a right of rectification and/or completion against us as data controller if the personal data processed concerning you is inaccurate or incomplete. As the person responsible, we must make the correction and/or completion without delay.

11.3. Right to restrict 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 refuse to erase the personal data and instead request the restriction of the use of the personal data; (3)        the controller no longer needs the personal data for the purposes of processing, but you need it for the assertion, exercise or defence of legal claims, or (4)        if you have objected to the processing pursuant to Art. 21 Para. 1 DSGVO and it has not yet been determined whether the controller’s legitimate grounds override your grounds. Where the processing of personal data relating to you has been restricted, those data may be processed, with the exception of their 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.

11.4. Right to deletion

11.4.1.  Obligation to delete

You may request us, as the controller, to delete the personal data concerning you without delay, and we, as the controller, are obliged to delete this data without 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 revoke your consent, on which the processing pursuant to Art. Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DSGVO and there is no other legal basis for the processing. (3)        They shall, in accordance with Art. 21 para. 1 DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing in accordance with Article 7 of the DSGVO. Art. 21 para. 2 DSGVO object to the processing. (4)        The personal data concerning you has been processed unlawfully. (5)        The deletion 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 have been processed in relation to information society services offered pursuant to article. 8 para. 1 DSGVO.

11.4.2. Information to third parties

If we, as the responsible party, have made the personal data relating to you public and are required to do so in accordance with the Data Protection Act, we shall be entitled to withdraw the data ( Art. 17 para. 1 DSGVO). Then we shall take reasonable steps, including technical measures, to inform data controllers processing personal data, taking into account the available technology and the cost of implementation. In doing so, we inform the data controllers that  you, as the data subject, have requested the erasure of all links to your personal data or even copies or replications of such personal data.

11.4.3. Exceptions

The right to erasure does not exist insofar as the processing is necessary (1)        to exercise 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 article 9 para. 2 lit. h and i and article 9 para. 3 DSGVO; (4)        for archiving purposes in the public interest, for scientific or historical research purposes or for statistical purposes in accordance with Article  89 para. 1 DSGVO, to the extent that the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or (5)        for the assertion, exercise or defence of legal claims.

11.5. Right to information

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

11.6. Right to data portability

You have the right to receive the personal data concerning you that you have provided to us as the controller in a structured, commonly used and machine-readable format. You also have the right to transmit 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 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. 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 obtain that the personal data concerning you be transferred directly from one controller to another controller, where this is technically feasible. The freedoms and rights of other persons must not be affected by this. The right to data portability shall 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.

11.7. Right of objection

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 Art. 6 para. 1 lit. e or f DSGVO. This also applies to profiling based on these provisions. As the controller, we no longer process the personal data relating to you unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims. If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing. If you object to 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.

11.8. 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 consent shall not affect the lawfulness of the processing carried out on the basis of the consent until revocation.

11.9. Automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. However, this does not apply if the decision (1)        is necessary for the conclusion or performance of a contract between you and the responsible person, (2)        is authorised by legislation of the Union or the Member States to which the controller is subject and that legislation contains adequate measures to safeguard your rights and freedoms and your legitimate interests, or (3)        is done with your express consent. However, these decisions may not be based on special categories of personal data pursuant to Article  9 para. 1 DSGVO. Unless Article  9 para. 2 lit. a or g DSGVO applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests. With regard to the cases mentioned in (1) and (3), we, as the responsible party, shall take reasonable measures 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 responsible party, to express your point of view and to contest the decision.

11.10. Right to complain to 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 the 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.