Data protection is a top priority for the management of the Franciscan Museum. In general, it is possible to use the Franciscan Museum’s website without providing any personal data. However, if a data subject wishes to use specific services offered by our organization via our website, the processing of personal data may be 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.
The processing of personal data—such as a data subject’s name, address, email address, or phone number—is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the state-specific data protection regulations applicable to the Franziskanermuseum. Through this Privacy Policy, our company aims 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 their rights.
As the data controller, the Franziskanermuseum has implemented numerous technical and organizational measures to ensure the most comprehensive protection possible of the personal data processed via this website. Nevertheless, internet-based data transmissions may generally involve security vulnerabilities, meaning that absolute protection cannot be guaranteed. For this reason, any data subject is free to provide personal data to us through alternative means, such as by telephone.
The Franziskanermuseum’s Privacy Policy is based on the terminology used by European legislators and regulators when enacting the General Data Protection Regulation (GDPR). Our Privacy Policy is intended to be easy to read and understand for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
In this Privacy Policy, we use the following terms, among others:
Personal data refers to any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). A natural person is considered identifiable if they can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more specific characteristics that reflect the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
Processing means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, distribution, or any other form of disclosure, the alignment or combination, restriction, erasure, or destruction.
Restriction of processing means the marking of stored personal data with the aim of limiting its future processing.
Profiling is 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 work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements of that natural person.
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures that ensure the personal data is not attributed to an identified or identifiable natural person.
The controller is the natural or legal person, public authority, agency, or other body that, alone or jointly with others, determines the purposes and means of the processing of personal data. If the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for its designation may be provided for by Union law or the law of the Member States.
A processor is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.
A recipient is a natural or legal person, public authority, agency, or other body to whom personal data is disclosed, regardless of whether or not that body is a third party. However, public authorities that may receive personal data in the course of a specific investigative mandate under Union law or the law of the Member States are not considered recipients.
A third party is a natural or legal person, public authority, agency, or other body other than the data subject, the controller, the processor, and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.
Consent means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes, expressed by a statement or by a clear affirmative action, by which the data subject signifies agreement to the processing of personal data relating to him or her.
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions relating to data protection is:
Franziskanermuseum
Rietgasse 2
78050 Villingen-Schwenningen
Germany
Phone: 07721 / 82-2351
Email: franziskanermuseum@villingen-schwenningen.de
Website: https://www.franziskanermuseum.de
The data protection officer for the data controller is:
VB-Datenschutz GmbH
Verena Bauer
Untere Holdergasse 7
74182 Obersulm
Germany
Email: bauer@vb-datenschutz.de
Any data subject may contact our Data Protection Officer directly at any time with questions or suggestions regarding data protection.
The Franziskanermuseum website uses cookies. Cookies are text files that are placed and stored on a computer system via a web browser.
Numerous websites and servers use cookies. Many cookies contain what is known as a cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that allows websites and servers to associate the cookie with the specific web browser in which it was stored. This enables the visited websites and servers to distinguish the data subject’s individual browser from other web browsers that contain different cookies. A specific web browser can be recognized and identified via the unique cookie ID.
By using cookies, the Franciscan Museum can provide users of this website with more user-friendly services that would not be possible without setting cookies.
Cookies allow us to optimize the information and offerings on our website to better serve the user’s needs. As mentioned earlier, cookies enable us to recognize users of our website. The purpose of this recognition is to make it easier for users to navigate our website. For example, a user of a website that uses cookies does not have to re-enter their login credentials every time they visit the site, because this information is retrieved by the website and the cookie stored on the user’s computer system. Another example is the shopping cart cookie in an online store. The online store uses a cookie to remember the items a customer has placed in the virtual shopping cart.
The data subject can prevent our website from setting cookies at any time by adjusting the settings of the web browser they are using, thereby permanently objecting to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via a web browser or other software programs. This is possible in all common web browsers. If the data subject disables the setting of cookies in the web browser they are using, not all functions of our website may be fully usable under certain circumstances.
The Franziskanermuseum website collects a range of general data and information each time a data subject or an automated system accesses the website. This general data and information is stored in the server’s log files. The following may be collected: (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 (known as the referrer), (4) the subpages on our website accessed via the 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) other similar data and information used for security purposes in the event of attacks on our information technology systems.
When using this general data and information, the Franziskanermuseum does not draw any conclusions about the data subject. Rather, this information is needed to (1) correctly deliver the content of our website, (2) to optimize the content of our website as well as the advertising on it, (3) to ensure the ongoing functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack. This anonymously collected data and information is therefore evaluated by the Franziskanermuseum both for statistical purposes and with the aim of enhancing data protection and data security within our organization, ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files is stored separately from any personal data provided by a data subject.
On the Franziskanermuseum website, users are given the opportunity to subscribe to our company’s newsletter. The personal data transmitted to the data controller when subscribing to the newsletter is determined by the input form used for this purpose.
The Franziskanermuseum informs its customers and business partners at regular intervals via a newsletter about the company’s offers. In general, the data subject can only receive our company’s newsletter if (1) the data subject has a valid email address and (2) the data subject registers to receive the newsletter. For legal reasons, a confirmation email is sent via the double-opt-in procedure to the email address provided by a data subject when first registering for the newsletter. This confirmation email serves to verify whether the owner of the email address, as the data subject, has authorized receipt of the newsletter.
When subscribing to the newsletter, we also store the IP address assigned by the Internet service provider (ISP) to the computer system used by the data subject at the time of registration, as well as the date and time of registration. The collection of this data is necessary to be able to trace any (potential) misuse of a data subject’s email address at a later date and therefore serves to provide legal protection for the data controller.
The personal data collected as part of a newsletter subscription is used exclusively for sending our newsletter. Furthermore, newsletter subscribers may be notified by email if this is necessary for the operation of the newsletter service or for registration purposes, such as in the event of changes to the newsletter content or alterations to the technical conditions. Personal data collected as part of the newsletter service is not disclosed to third parties. The data subject may cancel their subscription to our newsletter at any time. Consent to the storage of personal data that the data subject has provided to us for the purpose of sending the newsletter may be revoked at any time. A link for revoking consent is included in every newsletter. Furthermore, you may unsubscribe from the newsletter at any time directly on the data controller’s website or notify the data controller of your wish to unsubscribe by other means.
The Franziskanermuseum newsletters contain so-called web beacons. A web beacon is a miniature graphic embedded in emails sent in HTML format to enable log file recording and analysis. This allows for a statistical evaluation of the success or failure of online marketing campaigns. Using the embedded web beacon, the Franziskanermuseum can determine whether and when an email was opened by a data subject and which links contained in the email were clicked by the data subject.
Such personal data collected via the tracking pixels contained in the newsletters is stored and analyzed by the data controller to optimize newsletter distribution and to tailor the content of future newsletters even better to the data subject’s interests. This personal data is not disclosed to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent provided via the double opt-in procedure. Following revocation, this personal data will be deleted by the data controller. The Franziskanermuseum automatically interprets unsubscribing from the newsletter as a revocation of consent.
If you submit a booking request to us by phone, in writing, or via the booking form on the website, your contact information and the content of your request will be stored. We also store the date and, if applicable, any additional information you provide, such as the number of participants, preferred date, or age group.
The personal data collected in connection with a booking request is used exclusively for the purpose of processing and fulfilling your request, as well as in the event of follow-up questions. The data is not disclosed to third parties.
The data you provide as part of your request will remain with us until you request that we delete it or until the purpose for storing the data no longer applies (e.g., after your request has been fully processed). Mandatory legal provisions—in particular retention periods—remain unaffected.
The data controller processes and stores the data subject’s personal data only for the period necessary to achieve the purpose of storage or to the extent provided for by the European legislative bodies or other legislative bodies in laws or regulations to which the data controller is subject.
If the purpose of storage no longer applies or if a retention period prescribed by the European legislative and regulatory authorities or another competent legislative authority expires, the personal data will be routinely blocked or deleted in accordance with legal requirements.
Every data subject has the right, granted by the European legislative authorities, to request confirmation from the data controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they may contact a representative of the data controller at any time.
Every data subject affected by the processing of personal data has the right, granted by European legislation, to receive from the controller, at any time and free of charge, information regarding the personal data stored about them and a copy of such information. Furthermore, the European legislative and regulatory authorities have granted the data subject the right to receive the following information:
Furthermore, the data subject has the right to be informed whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to receive information about the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, they may contact a representative of the controller at any time.
Every data subject affected by the processing of personal data has the right, granted by European legislation, to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to request that incomplete personal data be completed—including by means of a supplementary statement—taking into account the purposes of the processing.
If a data subject wishes to exercise this right to rectification, they may contact a representative of the data controller at any time.
Every data subject affected by the processing of personal data has the right, granted by European legislation (directives and regulations), to request that the controller erase personal data concerning them without delay, provided that one of the following grounds applies and insofar as the processing is not necessary:
If any of the above reasons apply and a data subject wishes to request the erasure of personal data stored by the Franziskanermuseum, they may contact a representative of the data controller at any time. The employee of the Franziskanermuseum will ensure that the request for erasure is complied with without delay.
If the personal data has been made public by the Franziskanermuseum and our company, as the controller, is obligated to erase the personal data pursuant to Article 17(1) of the GDPR, the Franziskanermuseum shall take appropriate measures, including technical measures, taking into account available technology and the costs of implementation, to inform other data controllers processing the published personal data that the data subject has requested that these other data controllers delete all links to such personal data or copies or replicas of such personal data, provided that the processing is not necessary. The employee of the Franziskanermuseum will take the necessary steps on a case-by-case basis.
Any data subject affected by the processing of personal data has the right, granted by European legislation (directives and regulations), to request that the controller restrict processing if one of the following conditions is met:
If any of the above conditions are met and a data subject wishes to request the restriction of personal data stored by the Franziskanermuseum, they may contact a representative of the data controller at any time. The representative of the Franziskanermuseum will arrange for the restriction of processing.
Every data subject affected by the processing of personal data has the right, granted by European legislation (directives and regulations), to receive the personal data concerning them—which the data subject has provided to a controller—in a structured, commonly used, and machine-readable format. They 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 the processing is based on consent pursuant to Art. 6(1)(a) of the GDPR or Art. 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the 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.
Furthermore, when exercising their right to data portability pursuant to Art. 20(1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, provided this is technically feasible and does not infringe upon the rights and freedoms of others.
To exercise the right to data portability, the data subject may contact a staff member of the Franziskanermuseum at any time.
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to object, on grounds relating to their particular situation, to object at any time to the processing of personal data concerning them that is carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
In the event of an objection, the Franziskanermuseum will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing is necessary for the establishment, exercise, or defense of legal claims.
If the Franziskanermuseum processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Franziskanermuseum regarding processing for direct marketing purposes, the Franziskanermuseum 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 the processing of personal data concerning him or her that is carried out by the Franziskanermuseum for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
To exercise the right to object, the data subject may contact any employee of the Franziskanermuseum or another staff member directly. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by means of automated procedures that use technical specifications.
Every data subject affected by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing—including profiling — that produces legal effects concerning the data subject or similarly significantly affects him or her, provided that the decision (1) is not necessary for entering into or performing a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject, and such law provides for appropriate measures to safeguard the data subject’s rights and freedoms as well as legitimate interests, or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is made with the data subject’s explicit consent, the Franziskanermuseum shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at a minimum the right to request human intervention on the part of the controller, to express the data subject’s point of view, and to contest the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may contact a representative of the data controller at any time.
Every data subject affected by the processing of personal data has the right, granted by European legislation, to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they may contact a representative of the data controller at any time.
The data controller has integrated components of the company Facebook into this website. Facebook is a social network.
A social network is a social gathering place operated on the Internet—an online community that generally enables users to communicate with one another and interact in a virtual space. A social network can serve as a platform for exchanging opinions and experiences or enable the online community to share personal or business-related information. Among other things, Facebook allows users of the social network to create private profiles, upload photos, and connect with others through friend requests.
Facebook is operated by Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject resides outside the United States or Canada, the controller responsible for the processing of personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
Each time a user visits one of the individual pages of this website—which is operated by the data controller and on which a Facebook component (Facebook plug-in) has been integrated, the web browser on the data subject’s IT system is automatically prompted by the respective Facebook component to download a representation of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins can be found at developers.facebook.com/docs/plugins/. As part of this technical process, Facebook learns which specific subpage of our website the data subject is visiting.
If the data subject is logged into Facebook at the same time, Facebook recognizes which specific subpage of our website the data subject is visiting each time the data subject accesses our website and throughout the entire duration of their visit to our website. This information is collected by the Facebook component and assigned by Facebook to the data subject’s respective Facebook account. If the data subject clicks on one of the Facebook buttons integrated into our website—such as the “Like” button—or posts a comment, Facebook associates this information with the data subject’s personal Facebook user account and stores this personal data.
Facebook always receives information via the Facebook component that the data subject has visited our website whenever the data subject is logged into Facebook at the same time as accessing our website; this occurs regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not wish for this information to be transmitted to Facebook, they can prevent the transmission by logging out of their Facebook account before visiting our website.
Facebook’s Privacy Policy, available at de-de.facebook.com/about/privacy/, provides information about Facebook’s collection, processing, and use of personal data. It also explains the settings options Facebook offers to protect the data subject’s privacy. In addition, various applications are available that allow users to prevent data from being transmitted to Facebook. The data subject may use such applications to prevent data from being transmitted to Facebook.
12. Use of Google Maps
This website uses Google Maps, a product of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Based on your previous search queries and the map area you have viewed, Google Maps provides you with information about places of interest to you.
By using this website, you consent to the processing of automatically collected data by Google Inc., its representatives, and third parties. Please note that Google automatically processes data when you use Maps, over which we have no control.
For more information, please visit http://www.google.de/intl/de/policies/privacy/
The Google Maps Terms of Service can be found at
https://www.google.com/intl/de_de/help/terms_maps.html
The data controller has integrated the Matomo component into this website. Matomo is an open-source web analytics tool. Web analytics refers to the collection, gathering, and evaluation of data regarding the behavior of website visitors. Among other things, a web analytics tool collects data on which website a data subject came from (known as the referrer), which subpages of the website were accessed, and how often and for how long a subpage was viewed. Web analytics is primarily used to optimize a website and to conduct cost-benefit analyses of online advertising.
The software is operated on the controller’s server; log files that are sensitive under data protection law are stored exclusively on this server.
The purpose of the Matomo component is to analyze visitor traffic on our website. The data controller uses the data and information collected, among other things, to evaluate the use of this website and to compile online reports that illustrate activity on our website.
Matomo places a cookie on the data subject’s information technology system. What cookies are has already been explained above. Setting the cookie enables us to analyze the use of our website. Each time a user accesses one of the individual pages of this website, the Matomo component automatically prompts the web browser on the data subject’s IT system to transmit data to our server for the purpose of online analysis. As part of this technical process, we obtain personal data, such as the data subject’s IP address, which we use, among other things, to track the origin of visitors and clicks.
Cookies are used to store personal information, such as the time of access, the location from which access originated, and the frequency of visits to our website. Each time our website is visited, this personal data—including the IP address of the internet connection used by the data subject—is transmitted to our server. We store this personal data. We do not disclose this personal data to third parties.
As described above, the data subject can prevent our website from setting cookies at any time by adjusting the settings of the web browser being used, thereby permanently objecting to the setting of cookies. Such a setting in the web browser would also prevent Matomo from setting a cookie on the data subject’s computer system. In addition, a cookie already set by Matomo can be deleted at any time via a web browser or other software programs.
Furthermore, the data subject has the option to object to and prevent the collection of data generated by Matomo relating to the use of this website. To do so, the data subject must set “Do Not Track” in their browser.
However, setting the opt-out cookie may result in the data subject no longer being able to fully use the data controller’s websites.
Further information and Matomo’s applicable privacy policy can be found at matomo.org/privacy/.
Article 6(1)(a) of the GDPR serves as the legal basis for our company’s processing operations in 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 a party—as is the case, for example, with processing operations required for the delivery of goods or the provision of other services or consideration— the processing is based on Article 6(1)(b) of the GDPR. The same applies to processing operations necessary for the implementation of pre-contractual measures, such as in cases of inquiries regarding our products or services. If our company is subject to a legal obligation that requires the processing of personal data—such as to fulfill tax obligations—the processing is based on Article 6(1)(c) of the GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured on our premises and, as a result, their name, age, health insurance information, or other vital information had to be disclosed to a doctor, a hospital, or other third parties. In such cases, the processing would be based on Article 6(1)(d) of the GDPR. Finally, processing operations may be based on Article 6(1)(f) of the GDPR. This legal basis applies to processing operations not covered by any of the aforementioned legal bases, provided that the processing is necessary to safeguard a legitimate interest of our company or a third party, unless the interests, fundamental rights, and fundamental freedoms of the data subject take precedence. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this regard, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 of the GDPR).
If the processing of personal data is based on Article 6(1)(f) of the GDPR, our legitimate interest is the conduct of our business activities for the benefit of all our employees and shareholders.
The criterion for the duration of the storage of personal data is the respective statutory retention period. Upon expiration of this period, the relevant data is routinely deleted, provided it is no longer necessary for the performance of a contract or for entering into a contract.
We hereby inform you that the provision of personal data is in some cases required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., information about the contracting party). In some cases, the conclusion of a contract may require that a data subject provide us with personal data, which we must subsequently process. For example, the data subject is obligated to provide us with personal data when our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will inform the data subject, 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 what the consequences of failing to provide the personal data would be.
As a responsible company, we do not engage in automated decision-making or profiling.
This Privacy Policy was created using the Privacy Policy Generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the External Data Protection Officer for Bavaria, in cooperation with dataprotection attorney Christian Solmecke.
