This data protection declaration informs you about the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the websites, functions and content associated with it as well as external online presences, such as our social media profile (hereinafter jointly referred to as the “online offer”). With regard to the terms used, such as “processing” or “controller”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Types of data processed:
- Inventory data (e.g., names, addresses).
- Contact details (e.g., e-mail, telephone numbers).
- Content data (e.g., text inputs, photographs, videos).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).
Categories of data subjects
Visitors and users of the online offer (hereinafter we also refer to the data subjects collectively as “users”).
Purpose of processing
– Provision of the online offer, its functions and contents.
– Responding to contact requests and communicating with users.
– Security measures.
– Reach measurement/marketing
Terms used
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “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 (e.g. a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term is far-reaching and encompasses practically any handling of data.
‘pseudonymisation’ means 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 organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
“Profiling” means any type of automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Relevant legal bases
Nach Maßgabe des Art. 13 DSGVO teilen wir Ihnen die Rechtsgrundlagen unserer Datenverarbeitungen mit. Sofern die Rechtsgrundlage in der Datenschutzerklärung nicht genannt wird, gilt Folgendes: Die Rechtsgrundlage für die Einholung von Einwilligungen ist Art. 6 Abs. 1 lit. a und Art. 7 DSGVO, die Rechtsgrundlage für die Verarbeitung zur Erfüllung unserer Leistungen und Durchführung vertraglicher Maßnahmen sowie Beantwortung von Anfragen ist Art. 6 Abs. 1 lit. b DSGVO, die Rechtsgrundlage für die Verarbeitung zur Erfüllung unserer rechtlichen Verpflichtungen ist Art. 6 Abs. 1 lit. c DSGVO, und die Rechtsgrundlage für die Verarbeitung zur Wahrung unserer berechtigten Interessen ist Art. 6 Abs. 1 lit. f DSGVO. Für den Fall, dass lebenswichtige Interessen der betroffenen Person oder einer anderen natürlichen Person eine Verarbeitung personenbezogener Daten erforderlich machen, dient Art. 6 Abs. 1 lit. d DSGVO als Rechtsgrundlage.
Safety measures
In accordance with Art. 32 GDPR, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing, as well as the different probability of occurrence and severity of the risk to the rights and freedoms of natural persons.
The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access, input, disclosure, availability and separation. Furthermore, we have put in place procedures to ensure that the rights of data subjects are exercised, data is deleted and that data is compromised. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection by design and by data protection-friendly default settings (Art. 25 GDPR).
Cooperation with processors and third parties
If we disclose data to other persons and companies (processors or third parties) in the course of our processing, transmit them to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if a transfer of the data to third parties, such as payment service providers, is necessary for the performance of a contract in accordance with Art. 6 (1) (b) GDPR), you have consented, a legal obligation to do so or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called “order processing agreement”, this is done on the basis of Art. 28 GDPR.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this happens in the context of the use of third-party services or disclosure or transfer of data to third parties, this will only take place if it is done for the fulfilment of our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we will only process or have the data processed in a third country if the special requirements of Art. 44 et seq. GDPR are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection equivalent to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).
Rights of data subjects
You have the right to request confirmation as to whether the data in question is being processed and to obtain information about this data, as well as further information and a copy of the data in accordance with Art. 15 GDPR.
They have accordingly. Art. 16 GDPR, the right to request the completion of the data concerning you or the correction of the inaccurate data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that the data in question be deleted without undue delay or, alternatively, to demand a restriction of the processing of the data in accordance with Art. 18 GDPR.
You have the right to request that the data concerning you that you have provided to us receive in accordance with Art. 20 GDPR and to request its transfer to other controllers.
In accordance with Art. 77 GDPR, you also have the right to lodge a complaint with the competent supervisory authority.
Withdrawal
You have the right to revoke your consent in accordance with Art. 7 (3) GDPR with effect for the future
Right to object
You can object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. The objection can be made in particular to processing for direct marketing purposes.
Contact for revocation
Mierendorff Primary School
Mierendorffstraße 20-24
10589 Berlin
Phone: +49 (30) 9029-27508
Headmaster: Andreas Schnelle
Mail: sekretariat (at) mierendorff.schule.berlin.de
Responsible within the meaning of § 6 para. 2 MDStV: Andreas Schnelle, Mierendorff-Grundschule, Mierendorffstraße 20-24, 10589 Berlin.
Cookies and the right to object to direct marketing
“Cookies” are small files that are stored on users’ computers. Different information may be stored within the cookies. A cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after his visit within an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. Such a cookie can be used to store, for example, the contents of a shopping cart in an online shop or a login status. “Persistent” or “persistent” is the term used to describe cookies that remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. Likewise, such a cookie can store the interests of the users, which are used for reach measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the controller operating the online offer (otherwise, if they are only their cookies, they are referred to as “first-party cookies”). We may use temporary and permanent cookies and provide information about this in our privacy policy. If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies may lead to functional restrictions of this online offer. A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/ . Furthermore, the storage of cookies can be achieved by deactivating them in the settings of the browser. Please note that it may not be possible to use all the functions of this online offer.
Deletion of data
The data processed by us will be deleted or restricted in its processing in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is necessary for other and legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons. According to legal requirements in Germany, storage is carried out in particular for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 no. 1 and 4, para. 4 HGB (books, records, management reports, accounting documents, trading books, documents relevant to taxation, etc.) and 6 years in accordance with § 257 para. 1 no. 2 and 3, para. 4 HGB (commercial letters). According to legal requirements in Austria, storage is carried out in particular for 7 years in accordance with § 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years in the case of documents in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS).
Contact
Bei der Kontaktaufnahme mit uns (z.B. per Kontaktformular, E-Mail, Telefon oder via sozialer Medien) werden die Angaben des Nutzers zur Bearbeitung der Kontaktanfrage und deren Abwicklung gem. Art. 6 Abs. 1 lit. b. (im Rahmen vertraglicher-/vorvertraglicher Beziehungen), Art. 6 Abs. 1 lit. f. (other requests) GDPR. The information provided by users may be stored in a customer relationship management system (“CRM system”) or comparable inquiry organization. We delete the requests if they are no longer required. We review the necessity every two years; the statutory archiving obligations also apply.
Hosting and e-mail sending
The hosting services used by us serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services, which we use for the purpose of operating this online offer.
In doing so, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in the efficient and secure provision of this online offer in accordance with Art. 6 (1) (f) GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).
The hosting provider is plaxon GmbH, Kurfürstedamm 30, 10719 Berlin. The privacy policy of plaxon GmbH can be found at http://www.plaxon.de/datenschutzerklaerung-eu/
Chatbot
Use of an AI-supported chatbot
This privacy policy informs you about the processing of personal data in connection with the use of an AI-supported chatbot on our website.
Responsible body
The operator Mierendorff-Grundschule (hereinafter referred to as “we”) is responsible for the processing of personal data in connection with the use of the chatbot
Technical provider of the chatbot
The chatbot is operated via a platform of the
plaxon GmbH
Lise-Meitner-Str. 39
10589 Berlin, Germany
operated.
These providers enable the use of services for processing data by means of “artificial intelligence / AI” via an interface. The chatbot technically serves as a proxy to the providers, so that your IP address and other information (browser used, etc.) are not transmitted to the providers. Only the content of the chat texts entered (conversations) is transmitted to the providers and processed there. If you do not enter any personal data there, none will be transmitted to the providers. plaxon GmbH provides the technical knowledge platform, the chatbot software and the storage and administration functions and processes personal data exclusively on our behalf as a processor in accordance with Art. 28 GDPR.
A corresponding order processing agreement (AVV) was concluded.
Description of the chatbot function
The chatbot used on our website serves to automatically answer user queries in natural language. The answers are based on:
- the texts entered by the user, and
- Knowledge articles and content that we have stored ourselves via the chatbot platform.
The answers are generated automatically using artificial intelligence.
Processed data
The following data in particular is processed when using the chatbot:
- Text input by the user
- Answers generated by the chatbot
- if applicable, personal content within the stored knowledge articles
- Technical metadata (e.g. timestamp)
Processing of special categories of personal data (Art. 9 GDPR) is not intended.
Processing of knowledge articles and user input by AI services
a) Cerebras Systems (USA)
To generate the answers, the chatbot platform uses programming interfaces from AI provider Cerebras Systems Inc.
Thereby:
- User input and
- Relevant excerpts from the knowledge articles we have stored
transmitted to Cerebras Systems exclusively for the purpose of text generation.
The processing is carried out in accordance with instructions and not for the provider’s own purposes, in particular not for the training of AI models.
For the transfer of personal data to the USA, EU standard contractual clauses have been concluded with Cerebras Systems in accordance with Art. 46 GDPR.
b) IONOS AI Hub (EU)
The IONOS AI Hub from IONOS SE is also used for the technical implementation of AI processing.
IONOS only provides the infrastructure and computing power and does not independently process or analyze the content of the data.
Processing takes place exclusively within the European Union on the basis of an order processing agreement.
Storage and quality assurance (90 days)
plaxon GmbH stores data as a technical provider:
- the text input of the users and
- the answers generated by the chatbot
for a maximum period of 90 days.
The purpose of storage is to:
- Quality assurance of the answers,
- Analysis of malfunctions,
- Technical and content optimization of the chatbot.
The stored content can be viewed by us as the website operator. It is not used for other purposes, in particular profiling or user tracking.
After 90 days, the data is automatically deleted or anonymized, provided there are no legal retention obligations to the contrary.
Legal basis of the processing
The processing of personal data in connection with the chatbot takes place on the basis of:
- Art. 6 Abs. 1 lit. b GDPR
(Provision of the chatbot as part of our services),
- Art. 6 Abs. 1 lit. f GDPR
(legitimate interest in a functional, secure and high-quality AI-supported information offering).
Our legitimate interest does not outweigh the rights of the data subjects, as:
- the storage is limited in time,
- no automated individual decisions are made,
- access is strictly limited.
Recipient of the data
Recipients of personal data may be
- plaxon GmbH, Berlin (processor)
- Cerebras Systems Inc., USA (processor, third country)
- IONOS SE, Germany (processor)
It will not be passed on to other third parties.
Rights of data subjects
Data subjects have the right at any time:
- to information (Art. 15 GDPR),
- to rectification (Art. 16 GDPR),
- to erasure (Art. 17 GDPR),
- to restriction of processing (Art. 18 GDPR),
- to object to the processing (Art. 21 GDPR).
Requests can be addressed to us as the website operator at any time. We ensure that these rights are also implemented vis-à-vis our processors.
Note on voluntary use
The use of the chatbot is voluntary. Alternatively, you can contact us at any time using the contact options provided on the website.
By using the chatbot, you agree to the terms of this data protection supplementary agreement.
Collection of access data and log files
We, or our hosting provider, collect data on the basis of our legitimate interests within the meaning of Art. 6 (1) (f) GDPR about every access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
For security reasons (e.g. to investigate acts of abuse or fraud), log file information is stored for a maximum period of 7 days and then deleted. Data whose further retention is necessary for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.
Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke