Data Protection Agreement
A. Name and address of the data controller
The data controller within the meaning of the EU General Data Protection Regulation (GDPR) and other national data protection laws, as well as other data protection provisions, is:
TH Köln
Public-law body
represented by the President
Prof. Dr. Sylvia Heuchemer
Claudiusstraße 1
50678 Köln
T: +49 221 8275 3101
E-Mail: praesidium@th-koeln.de
Webseite: www.th-koeln.de
B. Name and address of the Data Protection Officers at TH Köln
Bernadette Schmitz
Claudiusstraße 1
50678 Köln
T: +49 221 8275 3994
E: datenschutzbeauftragter@th-koeln.de
C. Supervisory authority for data protection matters
State Commissioner for Data Protection and Freedom of Information, North Rhine-Westphalia (LDI NRW)
Kavalleriestr. 2-4
40213 Düsseldorf
Telefon: 0211/38424-0
Fax: 0211/38424-10
E-Mail: poststelle@ldi.nrw.de
D. General information on data processing
1. Scope of the processing of personal data
As a general rule, TH Köln only processes the personal data of website users to the extent necessary to provide a fully functional website, including its content and services. The processing of personal data relating to website users is generally only carried out in accordance with the consent given.
However, an exception applies when it is not possible to obtain consent in advance for practical reasons and the processing of the data is permitted by law.
2. Legal basis for the processing of personal data
Where the TH Köln processes personal data on the basis of consent given, Article 6(1)(a) of the GDPR constitutes the legal basis.
Where personal data is processed in order to fulfil a contract to which the data subject is a party, the legal basis is set out in Article 6(1)(b) of the GDPR. This also applies to processing activities necessary for the implementation of pre-contractual measures.
Where the processing of personal data is necessary to fulfil a legal obligation to which TH Köln, as a body governed by public law, is subject, Article 6(1)(c) of the GDPR serves as the legal basis.
Where the processing of personal data is necessary to protect the vital interests of the data subject or of another natural person, Article 6(1)(d) of the GDPR provides the legal basis.
If processing is necessary to safeguard a legitimate interest of TH Köln or a third party, and the interests, fundamental rights and freedoms of the data subject do not override the former interest, the legal basis is Article 6(1)(f) of the GDPR.
3. Data erasure and retention period
The data subject’s personal data will be erased or restricted as soon as the purpose for which it was stored no longer applies. Data may also be retained if this is provided for by European or national legislation in EU regulations, laws or other provisions to which TH Köln is subject. Data will also be blocked or deleted when a retention period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the purpose of concluding a contract, performing a contract or complying with a retention obligation.
E. Provision of the website and creation of log files
1. Description and Scope of Data Processing
Each time our website is accessed, TH Köln automatically collects data and information from the computer system of the accessing device.
The following data is collected in this process:
a) The user’s IP address
b) Date and time of access
c) Web pages accessed by users’ systems via our website
d) The users’ operating system
e) Information about the browser type and version used
f) Websites from which users’ systems access our website
g) The users’ Internet service provider
The data is also stored in the log files of the TH Köln systems. This data is not stored together with other personal data of the users.
2. Legal Basis for Data Processing
The legal basis for the temporary storage of data and log files is Article 6(1)(f) of the GDPR, as there is a legitimate interest in optimizing the website and in detecting and resolving malfunctions.
3. Purpose of Data Processing
The system must temporarily store the IP address in order to deliver the website to the user’s computer. To do this, the user’s IP address must be stored for the duration of the session.
Data is stored in log files to ensure the proper functioning of the website. The data is also used to optimize the website and to ensure the security of TH Köln’s information technology systems. The data is not analyzed for marketing purposes in this context.
Cologne University of Applied Sciences’ legitimate interest in data processing under Article 6(1)(f) of the GDPR is based on these purposes.
4. Duration of Storage
The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. In the case of data collected for the purpose of providing the website, this occurs when the respective session ends.
If the data is stored in log files, this occurs no later than seven days after collection. In this case, the users’ IP addresses are deleted or anonymized so that it is no longer possible to identify the client that accessed the site.
5. Right to Object and Right to Rectification
The collection of data for the purpose of providing the website and the storage of that data in log files is absolutely necessary for the operation of the website. Consequently, users do not have the option to object.
F. Use of Cookies
1. Description and Scope of Data Processing
Our website uses cookies. Cookies are text files that are stored in or by the web browser on the user’s computer system. When users visit a website, a cookie may be stored on their operating system. This cookie contains a unique string of characters that allows the browser to be uniquely identified when the website is visited again.
2. Session Cookies
TH Köln uses session cookies to ensure the website functions properly for the duration of the session.
matomo Analytics
Our website https://lehrpfade.th-koeln.de/ uses Matomo, a web analytics service. Matomo uses “cookies,” which are text files stored on your computer that enable us to analyze how the website is used. For this purpose, the usage information generated by the cookie (including your truncated IP address) is transmitted to our server and stored for the purpose of analyzing usage, which helps us optimize the website. Your IP address is immediately anonymized during this process, ensuring that your use of the website remains anonymous. The information generated by the cookie regarding your use of this website is not shared with third parties. You can prevent the use of cookies by adjusting your browser settings accordingly; however, in this case, you may not be able to use all features of this website to their full extent.
You may choose to prevent this website from aggregating and analyzing the actions you take here. Doing so will protect your privacy, but will also prevent the owner from learning from your actions and creating a better experience for you and other users.
Data processing is carried out in accordance with the legal provisions of Article 6(1)(f) (legitimate interest) of the General Data Protection Regulation (GDPR). Our legitimate interest under the GDPR is to optimize our online services and our website. Since the privacy of our visitors is important to us, any data that could potentially be linked to an individual—such as IP addresses, login IDs, or device identifiers—is anonymized or pseudonymized as soon as possible. This data is not used for any other purpose, combined with other data, or disclosed to third parties.
3. Legal Basis for Data Processing
The legal basis for the processing of users’ personal data and the use of cookies is Article 6(1)(f) of the GDPR.
4. Duration of Storage, Right to Object, and Right to Erasure
The data will be deleted as soon as it is no longer needed for our record-keeping purposes.
G. Social Media Presence
Cologne University of Applied Sciences maintains a presence on social media platforms such as Facebook, Twitter, and Instagram. The data collected about you when you use these social media platforms is processed by the respective provider and may be transferred to countries outside the European Union.
Please note that you use social networks and their features at your own risk. TH Köln has no influence over the nature and scope of the data processed by the respective provider, the manner in which the data is processed and used, or the disclosure of this data to third parties.
You do not need to use social media to contact us or receive our information. Information that we publish on social media can also be accessed in the same or a similar format on the TH Köln website at www.th-koeln.de.
H. Social Media Plugins
TH Köln has also integrated buttons (“plugins”) from various social networks into its website so that you can use the interactive features of the social networks you use on our website as well. These plugins provide various functions, the purpose and scope of which are determined by the operators of the social networks. To use these features, you can activate the respective plugin by clicking a button. This sets a cookie in your browser, through which personal data is transmitted to the respective third-party provider in accordance with that provider’s policies regarding the nature and scope of data sharing.
Please note that TH Köln is not the provider of the social networks and has no influence over the data processing carried out by the respective service providers. The legal basis for the transfer of data when the plugin is activated, insofar as personal data is processed in this context, is Article 6(1)(a) of the EU GDPR.
Once you have consented to the use of cookies, you can delete the cookie at a later time:
Delete the Twitter cookie
Delete YouTube Cookie
If you do not enable the relevant plugins, your data will not be shared with the operators of the social networks.
I. Newsletter
Here, we would like to inform you about the processing of your personal data in connection with a newsletter service offered by the Cologne University of Applied Sciences. Please also note any additional or differing information that may be provided on the sign-up page for the newsletter of your choice.
1. Description and Scope of Data Processing
You have the option to subscribe to one or more free email newsletters featuring news and updates from faculties, institutes, departments, and the university administration. On the sign-up page for each email newsletter, you can find additional specific information, particularly regarding the content and frequency of distribution.
We use an external processor in accordance with Article 28 of the EU GDPR to manage the newsletter service and handle the technical distribution of newsletter emails:
Sendinblue GmbH, Köpenicker Str. 126, 10179 Berlin
The specialized service provider processes your personal data exclusively on our behalf and in accordance with our instructions, and has implemented appropriate technical and organizational measures to protect your personal data, which are regularly reviewed and certified by an independent data protection auditor. Your data is transmitted in encrypted form and will not be disclosed to third parties or used for any other purposes.
When you submit your newsletter subscription online, you will immediately receive a confirmation email at the email address you provided, containing a personal activation link that is valid for 24 hours (activation period). By clicking on the activation link, you confirm to us that you are the rightful owner of this email address and consent to receiving the newsletter (known as the double opt-in process).
2. Legal Basis for Data Processing
The legal basis for the processing of your personal data is your consent pursuant to Article 6(1)(a) of the EU GDPR.
3. Purpose of Data Processing
To receive the newsletter, you must provide your email address when signing up for the newsletter using the online form for the desired newsletter. Otherwise, you will not be able to receive or unsubscribe from the newsletter.
When you subscribe to a newsletter, you may voluntarily provide additional personal information that will be used exclusively to address you personally in the newsletter emails (such as title, first name, last name) or to send a thematically personalized and customized newsletter (e.g., interests, details about your relationship with TH Köln, such as the degree program you are enrolled in, your faculty, etc.). You can find more information on this on the sign-up page for the respective newsletter. You are not required to provide additional data, and you will not face any disadvantages if you choose not to do so.
To prevent misuse and for data protection documentation purposes, your IP address, the time of registration, and the activation of your email address are also processed as part of the registration process (known as the “double opt-in” process).
4. Duration of Storage
Your personal data will be deactivated (blocked) when you unsubscribe from the newsletter or revoke your consent. In the event of temporary undeliverability (so-called “soft bounces”), your data will be deactivated after the third unsuccessful delivery attempt. If your email address remains permanently unreachable (so-called “hard bounces”), your data will be deactivated immediately. Deactivated email addresses and, if applicable, any other information will be automatically deleted no later than 7 days after deactivation.
5. Right to Object and Right to Rectification
You can unsubscribe from the newsletter or revoke your consent at any time. The quickest and easiest way to do this is to click the unsubscribe link in the email newsletter or go to the subscription and unsubscription page for the respective newsletter and use the online form to unsubscribe. By clicking the confirmation link, your email address will be deactivated for receiving the email newsletter, and your data will be deleted.
J. Campus maps of the Technical University of Cologne (OpenStreetMap)
To embed and display interactive maps on this website, TH Köln uses map data from the free open-source project OpenStreetMap (OSM), provided by the OpenStreetMap Foundation, St. John’s Innovation Centre, Cowley Road, Cambridge, CB4 0WS, United Kingdom.
The OSM maps are used to interactively display geodata for locations (such as printers, etc.) at TH Köln.
When you activate and use the OSM map service, map data is retrieved from an external server operated by the OpenStreetMap Foundation for the duration of your use of the website. By using and interacting with OSM, connections are established to OSM’s servers, and the following data is transmitted from your device to OSM when the connection is established:
IP address, browser and device type used, operating system, date and time the page was viewed, and the website from which you accessed the map data (“referring URL”).
This service is used to improve the presentation and discoverability of the locations at TH Köln listed on the website. This constitutes a legitimate interest in data processing within the meaning of Article 6(1)(f) of the GDPR.
For more information about how your personal data is processed when you use the map data, please visit the OpenStreetMap Foundation’s privacy page.
K. Rights of Data Subjects
If your personal data is processed, you are considered a data subject within the meaning of the GDPR, and you have the following rights with respect to TH Köln:
1. Right to Information
You may request confirmation from TH Köln as to whether we are processing personal data concerning you.
If such processing is taking place, you may request the following information from TH Köln:
(a) the purposes for which the personal data is processed;
b) the categories of personal data that are processed;
c) the recipients or categories of recipients to whom your personal data has been or will be disclosed;
d) the planned duration of the storage of your personal data or, if specific details cannot be provided, the criteria used to determine the storage period;
e) the existence of a right to have personal data concerning you rectified or erased, a right to restrict processing by TH Köln, or a right to object to such processing;
(f) the existence of a right to file a complaint with a supervisory authority;
g) any available information regarding the origin of the data, if the personal data is not collected from the data subject; h) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and—at least in such cases—meaningful information regarding the logic involved, as well as the scope and intended consequences of such processing for the data subject.
You have the right to request information regarding whether your personal data is being transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer.
This right to access information may be restricted to the extent that it is likely to render the fulfillment of research or statistical purposes impossible or seriously impair it, and the restriction is necessary for the fulfillment of those research or statistical purposes.
2. Right to Rectification
You have the right to request that TH Köln correct and/or complete your personal data if the personal data processed concerning you is inaccurate or incomplete. TH Köln must make the correction without delay.
Your right to rectification may be restricted to the extent that it is likely to make it impossible or seriously impair the achievement of the research or statistical purposes, and the restriction is necessary for the fulfillment of those research or statistical purposes.
3. Right to Restriction of Processing
Under the following conditions, you may request that the processing of your personal data be restricted:
a) if you dispute the accuracy of the personal data concerning you for a period of time that allows TH Köln to verify the accuracy of the personal data;
b) the processing is unlawful, and you object to the erasure of the personal data and instead request that the use of the personal data be restricted;
c) TH Köln no longer needs the personal data for the purposes of processing, but you need it to assert, exercise, or defend legal claims, or
d) if you have objected to the processing pursuant to Article 21(1) of the GDPR and it has not yet been determined whether TH Köln’s legitimate grounds outweigh your grounds.
If the processing of your personal data has been restricted, such data—with the exception of its storage—may be processed only with your consent or for the purpose of asserting, exercise, or defense of legal claims; to protect the rights of another natural or legal person; or for reasons of a substantial public interest of the Union or a Member State.
If the restriction on processing has been imposed in accordance with the above conditions, TH Köln will notify you before the restriction is lifted.
Your right to restrict processing may be limited to the extent that such restriction is likely to make it impossible or seriously impair the achievement of research or statistical purposes, and the restriction is necessary for the fulfillment of those research or statistical purposes.
4. Right to Erasure
a) Obligation to Erase Data
You may request that TH Köln immediately erase the personal data concerning you, and TH Köln is obligated to erase this data immediately if any of the following grounds apply:
- The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
- You withdraw your consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.
- You object to the processing pursuant to Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.
- The personal data concerning you was processed unlawfully.
- The erasure of your personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which TH Köln is subject.
- The personal data concerning you was collected in connection with the information society services offered, in accordance with Article 8(1) of the GDPR.
b) Notification to Third Parties
If TH Köln has made your personal data public and is obligated to erase it pursuant to Art. 17(1) of the GDPR, it shall take appropriate measures, taking into account available technology and implementation costs, including technical measures, to inform data processors at TH Köln that process the personal data that you, as the data subject, have requested the deletion of all links to this personal data or of copies or replicas of this personal data.
c) Exceptions
The right to erasure does not apply to the extent that the processing is necessary
- to exercise the right to freedom of expression and information;
- to comply with a legal obligation that requires processing under Union law or the law of the Member States to which TH Köln is subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in TH Köln;
- for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, to the extent that the right referred to in subsection (a) is likely to render the achievement of the purposes of such processing impossible or seriously impair it, or
- to assert, exercise, or defend legal claims.
5. Right to Information
If you have exercised your right to rectification, erasure, or restriction of processing with TH Köln, TH Köln is obligated to notify all recipients to whom your personal data has been disclosed of such rectification, erasure, or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed by TH Köln about these recipients.
6. Right to Data Portability
You have the right to receive the personal data concerning you that you have provided to TH Köln in a structured, commonly used, and machine-readable format. You also have the right to transmit this data to another TH Köln without hindrance from the TH Köln to which the personal data was provided, provided that
(a) the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, or on a contract pursuant to Article 6(1)(b) of the GDPR, and
(b) the processing is carried out using automated means.
In exercising this right, you also have the right to request that your personal data be transferred directly from TH Köln to another data controller, provided this is technically feasible. This must not infringe upon the freedoms and rights of others.
The right to data portability does not apply to the processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in TH Köln.
7. Right to Object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data carried out pursuant to Article 6(1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions.
TH Köln will no longer process your personal data unless it can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or unless the processing is necessary for the establishment, exercise, or defense of legal claims.
You also have the right to object, on grounds relating to your particular situation, to the processing of your personal data carried out for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) of the GDPR.
Your right to object may be restricted to the extent that it is likely to make it impossible or seriously impede the achievement of the research or statistical purposes, and the restriction is necessary for the fulfillment of those research or statistical purposes.
8. Right to Withdraw Consent Under Data Protection Law
You have the right to withdraw your consent under data protection law at any time. Withdrawing your consent does not affect the lawfulness of the processing carried out on the basis of your consent prior to its withdrawal.
9. Automated decision-making in individual cases, including profiling
You have the right not to be subject to a decision based solely on automated processing—including profiling—that produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
a) is necessary for the conclusion or performance of a contract between you and TH Köln,
b) is permitted under Union or Member State law to which TH Köln is subject, and such laws provide for appropriate measures to safeguard your rights and freedoms as well as your legitimate interests; or
c) is done with your express consent.
However, these decisions may not be based on special categories of personal data as defined in Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect your rights and freedoms as well as your legitimate interests. With regard to the cases mentioned in (a) and (c), TH Köln takes appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, which include, at a minimum, the right to have a person from TH Köln intervene, to state your own position, and to challenge the decision.
10. Right to File a Complaint with a Supervisory Authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State where you reside, where you work, or where the alleged infringement occurred, if you believe that the processing of your personal data violates the GDPR.
The supervisory authority to which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of seeking judicial remedy under Article 78 of the GDPR.
