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Privacy

Privacy Policy

Data protection has a particularly high priority for the management of the SchülerInnenschule. The use of the SchülerInnenschule’s website is generally possible without providing any personal data. However, if a data subject wishes to make use of special services of our association via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

School-related provisions on data protection can be found on the information page of the Federal Ministry of Education, Science and Research.

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 General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to the SchülerInnenschule. By means of this privacy policy, our association wishes to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, this privacy policy informs data subjects of the rights to which they are entitled.

As the controller, the SchülerInnenschule has implemented numerous technical and organizational measures to ensure the most complete protection possible of personal data processed via this website. Nevertheless, internet-based data transmissions can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, for example by telephone.

1. Definitions

This privacy policy of the SchülerInnenschule is based on the terminology used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand both for the public and for our members and business partners. To ensure this, we would like to explain the terms used in advance.

We use, among others, the following terms in this privacy policy:

a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“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 to 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 is any identified or identifiable natural person whose personal data is processed by the controller.

c) Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, 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 its future processing.

e) Profiling
Profiling means any form of 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 analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

g) Controller or data controller
Controller or data controller is the natural or legal person, public authority, agency or 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 or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

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
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

k) Consent
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and address of the controller

Controller in the sense of the GDPR and other data protection laws applicable in EU Member States and other provisions of a data protection nature is:

Verein Gemeinsam Lernen
Principal: Claudia Gerhartl
SchülerInnenschule im WUK

Währingerstraße 59
1090 Vienna
Austria

Tel.: +43/1/408 20 39
E-Mail: info@schuelerinnenschule.at
Imprint: schuelerinnenschule.at

3. Cookies

The website of the SchülerInnenschule uses cookies. Cookies are text files that are stored on a computer system via an Internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited websites and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, the SchülerInnenschule can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

Cookies enable us, as mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to utilize our website. For example, the user of a website that uses cookies does not have to enter access data again each time they visit the website, because this is taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies by our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, cookies already set may be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

4. Collection of general data and information

Each time the SchülerInnenschule website is accessed by a data subject or an automated system, a series of general data and information is collected and stored in the server log files. The following may 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 reaches our website (so-called referrer), (4) the sub-pages which are accessed on our website by an accessing system, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

When using these general data and information, the SchülerInnenschule does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. These anonymously collected data and information are therefore evaluated by the SchülerInnenschule on the one hand statistically and also with the aim of increasing data protection and data security within our association, in order ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Contact possibility via the website

Based on statutory provisions, the SchülerInnenschule website contains information that enables a quick electronic contact to our association as well as direct communication with us, which also includes a general address for electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purpose of processing or contacting the data subject. There is no transfer of these personal data to third parties.

6. Comment function in the blog on the website

The SchülerInnenschule offers users the opportunity to leave individual comments on blog posts on the controller’s website. A blog is a publicly accessible portal on a website in which one or more persons (bloggers) post articles or write down thoughts in so-called blog posts. As a rule, third parties may comment on the blog posts.

If a data subject leaves a comment on the blog published on this website, in addition to the comments left by the data subject, details of the time of comment entry as well as the user name (pseudonym) chosen and voluntarily provided by the data subject are stored and published. Providing an e-mail address is likewise voluntary. Any e-mail address provided will neither be passed on nor published. We deliberately refrain from the blog-typical retrieval of so-called “hashed” e-mail addresses for the purpose of fetching any Gravatar images from servers in the United States. However, if no e-mail address is provided, the right to any data correction or deletion can no longer be exercised by the data subject, since the author can no longer be verified in any way. The IP address assigned by the Internet service provider (ISP) to the data subject is logged for 7 days and then deleted. This storage of the IP address takes place for security reasons and in the event that the data subject infringes the rights of third parties or posts unlawful content via a comment. The storage of these personal data is therefore in the controller’s own interest, so that the controller could exculpate itself in the event of an infringement. There is no transfer of these collected personal data to third parties unless such a transfer is required by law or serves the controller’s legal defence.

7. Routine erasure and blocking of personal data

The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage or where this has been provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.

If the storage purpose ceases to apply or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data shall be routinely blocked or erased in accordance with legal requirements.

8. Rights of the data subject

a) Right to confirmation
Every data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right to confirmation, he or she may, at any time, contact any employee of the controller.

b) Right of access
Every data subject has the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
  • the existence of the right to lodge a complaint with the competent supervisory authority, i.e. the Austrian Data Protection Authority, www.dsb.gv.at, Tel.: +43 1 52 152-0, E-Mail: dsb@dsb.gv.at;
  • where the personal data are not collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved as well as the significance and the envisaged consequences of such processing for the data subject.

Furthermore, the data subject has the right to be informed whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise this right of access, he or she may, at any time, contact any employee of the controller.

c) Right to rectification
Every data subject has the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject also has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

d) Right to erasure (“right to be forgotten”)
Every data subject has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and insofar as the processing is not necessary:

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent on which the processing is based according to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
  • The personal data have been unlawfully processed.
  • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by the SchülerInnenschule, he or she may, at any time, contact any employee of the controller. The employee of the SchülerInnenschule shall ensure that the erasure request is complied with without undue delay.

Where the SchülerInnenschule has made the personal data public and is obliged as controller pursuant to Article 17(1) GDPR to erase the personal data, the SchülerInnenschule, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, insofar as processing is not required. The employee of the SchülerInnenschule will arrange the necessary measures in the individual case.

e) Right to restriction of processing
Every data subject has the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
  • The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by the SchülerInnenschule, he or she may, at any time, contact any employee of the controller. The employee of the SchülerInnenschule will arrange the restriction of processing.

f) Right to data portability
Every data subject has the right granted by the European legislator to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

In exercising his or her right to data portability pursuant to Article 20(1) GDPR, the data subject also has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.

To assert the right to data portability, the data subject may, at any time, contact any employee of the SchülerInnenschule.

g) Right to object
Every data subject has the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on those provisions.

The SchülerInnenschule shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims.

Where the SchülerInnenschule processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to processing for direct marketing purposes, the SchülerInnenschule will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the SchülerInnenschule for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

To exercise the right to object, the data subject may contact any employee of the SchülerInnenschule directly. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling
Every data subject has the right granted by the European legislator not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, the SchülerInnenschule shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

If the data subject wishes to exercise rights concerning automated decision-making, he or she may, at any time, contact any employee of the controller.

i) Right to withdraw consent under data protection law
Every data subject has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.

If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of the controller.

9. Legal basis of processing

Article 6(1)(a) GDPR serves our association as the legal basis for processing operations for which we obtain 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 required for the supply of goods or the provision of another service—processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations as are necessary for carrying out pre-contractual measures, for example in the case of enquiries about our products or services. Where our association is subject to a legal obligation by which processing of personal data becomes necessary, such as for the fulfilment of tax obligations, processing is based on Article 6(1)(c) GDPR. In rare cases, processing of personal data may become necessary in order to protect the vital interests of the data subject or of another natural person — for example if a visitor were injured on our premises and their name, age, health-insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then processing would be based on Article 6(1)(d) GDPR.
Finally, processing operations could be based on Article 6(1)(f) GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal bases, if processing is necessary for the purposes of the legitimate interests pursued by our association or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator, who considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 sentence 2 GDPR).

10. Legitimate interests pursued by the controller or a third party

Where processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our association’s activities for the well-being of all our employees and our members.

11. Period for which the personal data are stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data are routinely deleted, provided they are no longer necessary for the performance of a contract or the initiation of a contract.

12. Statutory or contractual requirements for the provision of personal data; necessity for contract conclusion; obligation of the data subject to provide personal data; possible consequences of failure to provide such data

We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or can also result from contractual provisions (e.g., details of the contractual partner).
Sometimes it may be necessary for the conclusion of a contract that a data subject provides us with personal data which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data when our association enters into a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.
Before personal data are provided by the data subject, the data subject must contact one of our employees. Our employee will clarify on a case-by-case basis whether the provision of 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 the consequences of not providing the personal data.

13. Existence of automated decision-making

As a responsible association, we do not use automatic decision-making or profiling.

Credits: This privacy policy was created with the assistance of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer in Munich, in cooperation with the lawyer for data protection law Christian Solmecke.