Data privacy statement for participationin the International Violin Competition Stuttgart of the Guadagnini Foundation

We, the Guadagnini Foundation (hereinafter "Guadagnini Foundation", "we" or "Controller"), are pleased about your interest in our website www.guadagnini-stiftung.com (hereinafter "Website") and take the requirements of the protection and security of your personal data very seriously. Of course, personal data (e.g. name, address, e-mail, telephone number, etc.) will only be processed by us in accordance with the

provisions of the applicable data protection law, in particular in accordance with the requirements of the EU General Data Protection Regulation (GDPR) and the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG). Data and information are personal if they relate to an identified or identifiable natural person (hereinafter "Data Subject").

In the following we inform you in accordance with Articles 12, 13 and 21 of the GDPR as well as Section 13 of the German Telemedia Act (Telemediengesetz, TMG) about the handling of your personal data when using our Website.

I. Name and contact details of the Controller

The Guadagnini Foundation is the Controller within the meaning of the GDPR and other data protection regulations. The contact details are as follows:

Guadagnini Foundation
Feuerbacher Weg 15a
70192 Stuttgart
Germany
Telephone: +49 170 80 578 32
E-mail: markusklein@guadagnini-stiftung.com
Website: www.guadagnini-stiftung.com

There is no legal obligation to appoint a Data Protection Officer.

II. Purposes and legal bases of data processing

When using our Website, we process personal data exclusively for specified purposes, which we explain in detail below for your information.

You may visit our website purely for informational purposes without actively providing any personal information about yourself. In this case, only technical access data will be automatically stored about your visit to our Website, which will be transmitted by your browser in order to enable you to visit our Website in an optimised and needs-based manner and to protect our systems from security risks (call-up/visiting the website, technical provision) as well as information which will be transmitted to us in the context of cookies used for statistical analysis of the use of our Website with the appropriate browser settings.

To what extent and in what way your data is processed beyond this depends in particular on which services, functionalities and offers of our Website you actively use. In particular, we process data when you contact us or register for the competition.

Further processing of your personal data than mentioned in this Data Privacy Statement will only take place in cases in which a legal provision expressly authorises or obliges us to do so or in which you have explicitly consented to data processing. We will inform you of any changes in purpose in accordance with the legal requirements.

1. For the purpose of the technical provision of the Website, it is necessary for us to process certain automatically transmitted information from you so that your browser can display our Website and you can use the Website. This information is automatically collected each time you visit our Website and stored in our server log files. This information refers to the browser/operating system of the calling computer. The following technical access data is collected:

    • IP address;
    • identification data of the browser used (browser type/version, browser language, browser window resolution, etc.);
    • operating system used (e.g. Windows 10);
    • name of the Internet service provider;
    • screen resolution;
    • JavaScript activation/settings;
    • cookie settings;
    • website from which you visit us;
    • date and time of your access.

The storage of the aforementioned access data takes place within the framework of so-called server log files on our web server and is necessary for the provision of a functional website and to ensure system security for technical reasons. This also applies to the storage of your IP address, which necessarily takes place and, under further conditions, may allow an allocation to your person. In addition to the above-mentioned purposes, we use access data exclusively for the needs-based design and optimisation of our Internet offer purely statistically and without allowing the identification of your person. The technical access data is not merged with other data sources, nor is the data evaluated for marketing purposes.

We also use cookies in order to provide you with our Website optimised and designed to meet your needs (for details on this and your corresponding design options, see below in the section "Use of cookies and associated functions/technologies").

The access data collected during the use of our Website will only be stored for the period for which this data is required to achieve the aforementioned purposes. Your IP address is stored on our web server for a maximum of 14 days.

If you visit our website to inform yourself about the competition or the participation in the competition or to register for it, the temporary storage of access data and log files takes place on the basis of Article 6 (1) (b) GDPR (legal basis), in particular for the implementation of pre-contractual measures. In addition, Article 6 (1) (f) GDPR serves as the legal basis for the temporary storage of technical access data and log files. Our legitimate interest here is to be able to provide you with a technically functioning and user-friendly Website and to guarantee the security of our systems.

2. Use of cookies and associated functions/technologies

In order to make visiting our website attractive and to enable the use of certain functions, we use so-called cookies in some areas. Cookies are text files that are stored on your hard drive or in the cache of your Internet browser when you visit our website. A cookie contains a characteristic string that enables the browser to be uniquely identified when the Website is accessed again. In addition, we also call web beacons and other similar storage technologies used to track user activity cookies. Web beacons are usually transparent graphic/picture elements, generally not larger than 1 x 1 pixel, which are integrated into the Website and with which cookies can be recognised on your devices.

Some cookies are used by us to store session-relevant information within the Website. These cookies expire at the end of the session / browser session (so-called transient cookies) and are not stored permanently. Other cookies remain on your computer beyond the respective browser session and enable us to recognise your computer on your next visit (so-called persistent / permanent cookies). Persistent cookies are automatically deleted after a specified period, which may vary depending on the type of cookie.

Of course, you can also visit our Website without the use of cookies. You can disable the use of cookies on your computer by changing your browser settings for cookies. Usually you will find information on how to deactivate cookies using the "Help" function of your Internet browser. Please note, however, that these settings may affect the full availability and functionality of our Website. For further cookie-specific setting and deactivation options, please also see the following individual explanations on the specific cookies used during your visit to our Website and the associated functions/technologies.

Some of the cookies that we use on our Website come from third parties who help us analyse the effect of our Website content and the interests of our visitors, measure the performance of our website, or place advertisements and other content on our or other websites as needed. We use first party cookies on our Website (only visible from the domain you are currently visiting) but no third-party cookies (visible across domains and regularly placed by third parties). In detail:

Google Analytics

This website uses Google Analytics, a web analysis service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). Google Analytics uses so-called cookies, which are text files placed on your computer that allow an analysis of how you use the Website. The information generated by the cookie about your use of this Website will generally be transmitted to a Google server in the United States and stored there. However, if IP anonymisation is enabled on this Website, Google will first truncate your IP address in Member States of the European Union or other states party to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the United States and truncated there. On behalf of the operator of this Website, Google will use this information to evaluate your use of the Website, compile reports on Website activity and provide other services to the Website operator in connection with Website activity and use.

The IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google.

You may prevent the storage of cookies by selecting the appropriate settings of your browser software, however please note that if you do this you may not be able to use the full functionality of this Website. You can also prevent Google from collecting the data generated by the cookie and related to your use of the Website (including your IP address) as well as the processing of this data by Google by downloading and installing the Google Analytics opt-out browser add-on which is available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en-GB.

This Website uses Google Analytics with the extension "_anonymizeIp()". This means that IP addresses are further processed in a truncated form, thus excluding the possibility of identifying an individual person. If the data collected about you is related to a person, this is excluded immediately, and the personal data is deleted immediately.

We use Google Analytics to analyse the use of our Website and to improve it regularly. The statistics obtained will enable us to improve our services and make them more interesting for you as a user. For the exceptional cases in which personal data is transferred to the United States, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

Third party information: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001 Google Analytics Terms of Service: https://marketingplatform.google.com/about/analytics/terms/gb/, as well as the Google Privacy Policy: https://policies.google.com/privacy?hl=en-UK.

The above cookie-based data processing for the use of Google Analytics is based on your consent granted pursuant to Article 6 (1) (a) GDPR (legal basis) or otherwise based on Article 6 (1) (f) GDPR (legal basis) to protect our legitimate interests. Our legitimate interests here lie in particular in analysing the use of our Website in order to provide you with a technically optimised, user-friendly and needs-based Website and to guarantee the security of our systems. You can revoke your consent at any time for the future.

3. Contact inquiries

In order to be able to process and answer your contact requests to us (e.g. to our e-mail address), we process the personal data provided by you in this context. In any case, this includes your e-mail address to send you a reply and any other information you send us as part of your message.

For the sending of suitable information or the desired establishment of contact to a certain topic it can be necessary that we pass on the data communicated by you to external service providers (in the context of commissioned data processing, if applicable). Of course, this only happens within the scope of the statutory permissions and only to the extent necessary for the purpose of processing and answering your contact request.

The data and information provided by you will be processed for the purpose of processing and answering your contact enquiry - particularly in the case of enquiries in connection with participation in the competition - in accordance with Article 6 (1) (b) GDPR (legal basis).

We store the personal data collected in connection with your contacting us for the purpose and for the duration of processing your request.

4. Registration forms for participants of the competition

On our Website we provide an online registration form for participants of the competition. The basic procedure of the competition as well as the prerequisites for participation are described in the Competition Terms and Conditions of Participation which can be downloaded from the Website.

We collect the following data as part of the registration via the online form:

    • personal data: First name, last name, date of birth, nationality, street, house number, postcode, place, country, e-mail address, mobile number;
    • Birth certificate or similar official document proving the birth with date and place of birth;
    • Passport photo and artist photo;
    • list of musical education;
    • application videos.

The data will be used exclusively for the processing of applications and for the purposes specified in the Conditions of Participation.

The legal basis for the processing of the data after the applicant has sent the application via the intended online form is Article 6 (1) (b) GDPR (initiation of a contractual relationship). The collection of data serves to process the application, to contact the participant and to conduct the competition. The duration of the storage of the data depends on the respective statutory provisions. The participant may object to the storage of his or her personal data at any time. If the data are necessary for the fulfilment of a contract, a premature deletion of the data is only possible as far as contractual or statutory obligations do not prevent a deletion.

5. Newsletter / Sending marketing information

Our Website offers the possibility to subscribe to a free newsletter. When registering for the newsletter, the data from the entered into the screen will be transmitted to us accordingly. In doing so, we collect your e-mail address.

In addition, the following technical access data is stored when subscribing to the newsletter: date and time of the newsletter registration (opt-in) as well as your IP address.

To enable you to receive our e-mail newsletter, we also carry out the so-called double opt-in procedure for identification and verification purposes and store the data we receive in this regard (date and time of newsletter activation (double opt-in) as well as your IP address). You may of course object to the newsletter being sent to you at any time and revoke your consent for the future in whole or in part by notifying us accordingly, in particular by clicking on the link provided in the newsletter and unsubscribing or by sending an e-mail to markusklein@guadagnini-stiftung.com.

In addition, you may also receive our newsletter or further marketing information as a participant in our competition. If we receive your e-mail address in connection with the conclusion of the contract and the provision of our services and you have not objected to this, we reserve the right to send you information on future competitions or similar products of our Foundation by e-mail on a regular basis. You can of course object to this use of your e-mail address at any time by notifying us accordingly, in particular by clicking on the link provided in the newsletter and unsubscribing or by sending an e-mail to markusklein@guadagnini-stiftung.com without incurring any costs other than the transmission costs according to the basic tariffs.

In order to send the e-mail newsletter, it may be necessary for us to pass on the aforementioned data to external service providers (in the context of commissioned data processing, if applicable). Of course, this only happens within the scope of the statutory permissions.

We process your data for the aforementioned sending of newsletters and marketing information in the case of your consent being granted on the basis of Article 6 (1) (a) GDPR (legal basis) or in the case of corresponding direct/existing customer marketing to protect our legitimate interests pursuant to Article 6 (1) (f) GDPR in conjunction with Article 6 (1) (f) GDPR in conjunction with Section 15 (3) of the German Telemedia Act (TMG) and in conjunction with Section 7 (3) of the German Act against unfair Competition (Gesetz gegen den unlauteren Wettbewerb, UWG) (legal basis). Our legitimate interest in the processing of personal data for the purpose of direct marketing is based on our commercial interests in the implementation of advertising measures.

6. Compliance with statutory provisions, in particular storage / documentation

We also process your personal data in order to fulfil other statutory obligations that apply to us in connection with our foundation activities or other services provided. These include in particular commercial, trade or tax retention periods (see also "Duration of retention” in this regard). We process your personal data in accordance with Article 6 (1) (c) GDPR (legal basis) to fulfil a legal obligation to which we are subject.

7. Enforcement of our rights and claims

We also process your personal data in order to be able to assert our rights and enforce our legal claims. We also process your personal data in order to be able to defend ourselves against legal claims. Finally, we process your personal data insofar as this is necessary for the prevention or prosecution of criminal offences.

In doing so, we process your personal data to protect our legitimate interests pursuant to Article 6 (1) (f) GDPR (legal basis), insofar as we assert legal claims or defend ourselves in legal disputes or we prevent or investigate criminal offences.

III. Categories of recipients

Within the Guadagnini Foundation, those persons who need personal data for the lawful performance of their duties have access to them.

In addition, we use external service providers within the scope of fulfilling our statutory purposes or commission them with corresponding services. Some of our service providers receive your personal data as processors and are then strictly bound by our instructions when handling your personal data. The following categories of recipients may receive personal data for this purpose:

  • IT service providers for the administration and hosting of our Website and the technical support of the registration form;
  • sales and marketing;
  • partner companies of the competition such as the State University of Music and the Performing Arts Stuttgart - HMDK;
  • legal advisors in connection with the assertion of our claims;
  • tax advisors of the Guadagnini Foundation.

No personal data will be transferred to a third country (outside the European Union / European Economic Area) or to an international organisation within the meaning of Article 4 No. 26 GDPR. When using Google Analytics (see above), we only transfer your truncated IP address to the United States. If, in exceptional cases, a data transfer should nevertheless take place, this is based on the Commission Implementing Decision (EU) 2016/1250 of 12 July 2016 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-U.S. Privacy Shield.

IV. Storage period

We store your personal data initially for the duration for which the respective purpose of use requires such storage (see above). This also includes the initiation (pre-contractual legal relationship) and the termination of contractual relationships. In addition, we may store your personal data until the any legal claims arising from the relationship with you become statute barred, in order to be able to use them for verification purposes, if need be. The statute of limitations usually provides for a limitation period between 12 and 36 months, but it can also be up to 30 years. We will delete your personal data as soon as the statute of limitations has expired, unless there is a statutory obligation to retain it, for example based on Section 238 and Section 257 (4) of the German Commercial Code (Handelsgesetzbuch, HGB) or Section 147 (3) and (4) of the Fiscal Code of Germany (Abgabenordnung, AO). These storage obligations can last up to ten years.

V. Data security

Personal data is protected by us by means of suitable technical and organisational measures in order to guarantee an appropriate level of protection and to protect the personal rights of the persons concerned. The measures taken serve, among other things, to prevent unauthorised access to the technical equipment used by us and to protect personal data from unauthorised access by third parties.

Our data processing and security measures are adapted to current circumstances and requirements in line with technological developments and continuously developed further. Our employees involved in data processing are obliged to maintain confidentiality when processing personal data.

VI. Children

Our offer is basically aimed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.

VII. Rights of the data subjects

As data subject, you are entitled to the following rights in accordance with the legal requirements, which can be asserted against us at any time:

  • Right of access: Under Article 15 GDPR, you are entitled at any time to obtain confirmation as to whether or not personal data concerning you are being processed; and, where that is the case, you as a data subject are also entitled under Art. 15 GDPR to obtain access to the personal data and other information (including the purposes of the processing, the categories of personal data concerned, the categories of recipients, the envisaged period for which the personal data will be stored, your rights, the source of the data) and a copy of the respective data. The restrictions of Section 34 of the Federal Data Protection Act (BDSG) apply.
  • Right to rectification: You are entitled, pursuant to Article 16 GDPR, to demand that the personal data stored about you be rectified if it is inaccurate or erroneous.
  • Right to erasure: You are entitled to demand that personal data concerning you be erased without undue delay, subject to the requirements of Article 17 GDPR. The right to erasure does not apply, among other things, to the extent that processing of personal data is necessary (i) for exercising the right to freedom of expression and information, (ii) for compliance with a legal obligation to which we are subject (e.g. statutory storage obligations) or (iii) for the establishment, exercise or defence of legal claims. In addition, the restrictions of Section 35 Federal Data Protection Act (BDSG) apply.
  • Right to restriction of processing: You are entitled to demand the restriction of the processing of personal data under the conditions of Article 18 GDPR.
  • Right to data portability: You are entitled, subject to the requirements of Article 20 GDPR, to receive personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format.
  • Right of revocation: You have the right to revoke your consent to the processing of personal data at any time with effect for the future. However, the revocation shall not affect the lawfulness of the processing carried out until the revocation.
  • Right to object: You have the right to object to the processing of your personal data under the conditions of Article 21 GDPR, so that we must terminate the processing of your personal data. The right to object exists only within the limits provided for in Article 21 GDPR. In addition, our interests may prevent the termination of processing, so that we are entitled to process your personal data despite your objection.

Information about your right to object under Article 21 GDPR

        • You have the right at any time to object to the processing of your data, which is based on Article 6 (1) (f) GDPR (data processing on the basis of a weighing of interests) or Article 6 (1) (e) GDPR (data processing in the public interest), on grounds relating to your particular situation.

        • If you file an objection, we will no longer process your personal data unless we 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. The objection can be made without form and can be directed to the contact address given above under "Name and contact details of the Controller".


    • Right to lodge a complaint with a supervisory authority: Without prejudice to any other administrative or judicial remedy, you are entitled, under the conditions of Article 77 GDPR, to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of your personal data infringes the GDPR.

    The supervisory authority responsible for the Guadagnini Foundation is

    Landesbeauftragter für den Datenschutz und die Informationsfreiheit Baden-Württemberg

    Königstraße 10 a

    70173 Stuttgart

    Tel: 0711/61 55 41 – 0

    Fax: 0711/61 55 41 – 15

    E-Mail: poststelle@lfdi.bwl.de

    The rights and other concerns described above may be exercised or raised in writing or electronically by contacting the supervisory authority at the above address or directly by contacting us at the contact address stated above under “Name and contact details of the Controller”. Inquiries that are submitted to us electronically will generally be answered electronically, unless you have specified otherwise in your inquiry.

    VIII. Scope of your obligations to provide data

    In principle, you are not obliged to provide us with your personal data. However, if you do not do so, we may not be able to provide you with the full technical functionality of the Website, we may not be able to respond to your requests and we may not be able to enter into a contract with you. Personal data, which we do not necessarily need for the processing purposes mentioned above, are accordingly marked as voluntary data.

    IX. Automated decision making / profiling

    We do not use automated decision making or profiling (an automated analysis of your personal circumstances).

    X. External links

    Our website may contain links that refer to the pages of third parties. As far as this is not obviously recognisable, we point out to you that it is an external link. We have no influence on the content and design of the pages of external providers. This Data Privacy Statement does not apply to such external content.

    XI. Änderung dieser Datenschutzhinweise

    The constant development of the Internet and the associated frequent changes to the applicable legal norms make it necessary from time to time to adapt our Data Privacy Statement. Unless otherwise specified, such changes shall become effective immediately. You may retrieve the current version of our Data Privacy Statement at any time on the Website under www.markusklein@guadagnini-stiftung.com and print it.

    As at: October 2019