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A. General

(1) Definitions of terms

In accordance with the model of Art. 4 GDPR, this data protection information is based on the following definitions:

• ‘personal data’ (Art. 4 No. 1 GDPR) means any information relating to an identified or identifiable natural person (‘data subject’). A person is identifiable if they can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or information relating to their physical, physiological, genetic, mental, economic, cultural or social identity. Identifiability can also be achieved by linking such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photos, video or audio recordings can also contain personal data).
• ‘processing’ (Art. 4 No. 2 GDPR) means any operation that is performed on personal data, whether or not by automated means (i.e. using technical specifications). This includes, in particular, the collection (i.e. procurement), recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure or destruction of personal data, or alteration of the purposes for which they were originally processed.
• ‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
  
  

(2) Name and address of the controller responsible for processing

Responsible for the processing of your personal data within the meaning of Art. 4 No. 7 GDPR:

Manfred-Hermsen-Stiftung
Goebenstr. 1, 28209 Bremen, Germany

Telefon +49 (0) 3466227
Telefax +49 (0) 3466228
E-Mail: info@m-h-s.org

For further information about our foundation, please refer to the imprint information on our website.

(3) Legal bases for data processing

In principle, any processing of personal data is prohibited by law and is only permitted if the data processing falls under one of the following justifications:

• Art. 6 para. 1 sentence 1 lit. a GDPR (‘consent’): If the data subject has voluntarily, in an informed and unambiguous manner, by means of a statement or other unambiguous affirmative act, indicated that they consent to the processing of personal data concerning them for one or more specific purposes;
• Art. 6 para. 1 sentence 1 lit. b GDPR: If the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
• Art. 6 para. 1 sentence 1 lit. c GDPR: If processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a legal obligation to retain data);
• Art. 6 para. 1 sentence 1 lit. d GDPR: If processing is necessary in order to protect the vital interests of the data subject or of another natural person;
• Art. 6 para. 1 sentence 1 lit. e GDPR: If the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority entrusted to the controller, or
• Art. 6 para. 1 sentence 1 lit. f GDPR (‘Legitimate interests’): Where processing is necessary for the purposes of the legitimate (in particular legal or economic) interests pursued by the controller or by a third party, except where such interests are overridden by the interests or rights of the data subject (in particular where the data subject is a minor).
  

The storage of information in the device of the end user or access to information that is already stored in the device is only permitted if it is covered by one of the following justifications:

• Section 25 (1) TTDSG: If the end user has consented on the basis of clear and comprehensive information. Consent must be given in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR;
• Section 25 para. 2 no. 1 TTDSG: If the sole purpose is to carry out the transmission of a communication over a public telecommunications network or
• Section 25 para. 2 no. 2 TTDSG: If the storage or access is absolutely necessary so that the provider of a telemedia service can provide a telemedia service expressly requested by the user.

For the processing operations we carry out, we indicate the applicable legal basis in each case hereafter. Processing may also be based on several legal bases.

(4) Data erasure and storage duration

For the processing operations carried out by us, we indicate hereafter how long the data will be stored by us and when it will be erased or blocked. Unless an explicit storage period is specified below, your personal data will be erased or blocked as soon as the purpose or legal basis for storage no longer applies. Your data will only be stored on our servers in Germany, subject to any disclosure in accordance with the provisions in A.(6) and A.(7).

However, data may be stored beyond the specified period in the event of an (impending) legal dispute with you, or other legal proceedings, or where storage is required by statutory provisions that apply to our organization (e.g. Section 257 HGB, Section 147 AO). If the storage period prescribed by the statutory provisions expires, the personal data will be blocked or deleted unless further storage by us is necessary and has a legal basis.

(5) Data security

We use suitable technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties (e.g. TLS encryption for our website), taking into account the state of the art, the implementation costs and the nature, scope, context and purpose of the processing as well as the existing risks of a data breach (including its probability and effects) for the data subject. Our security measures are continuously improved in line with technological developments.

(6) Disclosure of data / cooperation with processors

We will only transfer your personal data to other responsible parties if this is necessary for the fulfilment of the contract, if we or the third party have a legitimate interest in the transfer or if you have given your consent.

We use external domestic and foreign service providers to process our business transactions (e.g. for IT, telecommunications and marketing). These service providers only act in accordance with our instructions and are contractually obliged to comply with data protection law within the meaning of Art. 28 GDPR.

(7) Requirements for the transfer of personal data to third countries

If we process data in a non-EU country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or the disclosure or transfer of data to third parties, such processing is carried out exclusively to fulfil our contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests (legal basis is Art. 6 para. 1 lit. b or lit. f in each case in conjunction with Art. 44 et seq. GDPR). We will inform you about the respective details of the transfer at the relevant points in the following.

The European Commission certifies that some non-EU countries have a level of data protection comparable to the EEA standard by means of so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be found here: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en). However, in other non-EU countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is adequately guaranteed. This is possible via binding corporate rules, standard contractual clauses of the European Commission for the protection of personal data pursuant to Art. 46 para. 1, 2 lit. c GDPR (the standard contractual clauses of 2021 are available at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021D0915&locale-en), certificates or recognised codes of conduct. Please contact us if you would like more information on this.

(8) No automated decision-making (including profiling)

We do not intend to use personal data collected from you for automated decision-making (including profiling).

(9) No obligation to provide personal data

We do not make the conclusion of contracts with us dependent on you providing us with personal data beforehand. In principle, you are under no legal or contractual obligation to provide us with your personal data.

(10) Legal obligation to transfer certain data

Under certain circumstances, we may be subject to a specific legal or statutory obligation to provide the legally processed personal data to third parties, in particular public authorities (Art. 6 para. 1 sentence 1 lit. c GDPR).

(11) Your rights

You can assert your rights as a data subject with regard to your processed personal data at any time by contacting us using the contact details provided at the beginning under A.(2). As the data subject, you have the right:

• to request information about your data processed by us in accordance with Art. 15 GDPR. In particular, you can request information about the purposes of processing, the category of data, the categories of recipients your data has been or will be disclosed to, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the right to lodge a complaint, the origin of your data if it was not collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about its details;
• in accordance with Art. 16 GDPR, to immediately request the correction of incorrect data or the completion of your data stored by us
• in accordance with Art. 17 GDPR, to demand the erasure of your data stored by us, unless the processing is necessary for asserting the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims;
• in accordance with Art. 18 GDPR, to demand the restriction of processing your data if the accuracy of the data is disputed by you or the processing is unlawful;
• in accordance with Art. 20 GDPR, to receive your data provided to us in a structured, commonly used and machine-readable format or to request transmission to another responsible party (‘data portability’);
• in accordance with Art. 21 GDPR, to object to the processing if the processing is based on Art. 6 para. 1 sentence 1 lit. e or lit. f GDPR. This is particularly the case if the processing is not necessary for the fulfilment of a contract with you. If it is not an objection to direct advertising, we ask you to specify the reasons why we should not process your data in the manner we have done when exercising such an objection. In the event of your justified objection, we will examine the situation and either discontinue or adapt the data processing or point out to you our compelling reasons worthy of protection on the basis of which we will continue the processing;
• in accordance with Art. 7 (3) GDPR, to withdraw your consent once given to us at any time (including before the GDPR came into force, i.e. before 25 May 2018) - i.e. your voluntary, informed and unequivocal expression of your consent to the processing of the personal data concerned for one or more specific purposes by means of a declaration or other unambiguous confirmatory act - if you have given such consent. The consequence in this case is that we may no longer continue the data processing that was based on this consent in the future, and
• in accordance with Art. 77 GDPR, to complain to a data protection supervisory authority about the processing of your personal data in our foundation, for example to the data protection supervisory authority responsible for us: State Commissioner for Data Protection and Freedom of Information, Arndtstr. 1, 27570 Bremerhaven, email: office@datenschutz-bremen.de.

(12) Changes to the data protection information 

 As part of the further development of data protection law and technological or organisational changes, our data protection information is regularly reviewed to determine whether it needs to be adapted or supplemented. You will be informed of any changes, in particular on our German website at www.m-h-s.org. This data protection notice is valid as of November 2024.

B. Visiting websites

(1) Explanation of the function

Information about our foundation and the services we offer can be found in particular at: www.m-h-s.org together with the associated subpages (hereinafter jointly referred to as ‘websites’). When you visit our websites, your personal data may be processed.

(2) Processed personal data

The following categories of personal data are collected, stored and processed by us when the websites are used for information purposes:

 ‘Log data": When you visit our websites, a so-called log data record (so-called server log files) is stored temporarily and anonymised on our web server. This consists of:

• the website that requested the page (so-called referrer URL)
• the name and URL of the requested page
• the date and time of the request
• the description of the type, language and version of the web browser used
• the IP address of the requesting computer, which is shortened so that a personal reference can no longer be established
• the amount of data transferred
• the operating system
• the message as to whether the request was successful (access status/Http status code)
• the GMT time zone difference 

(3) Purpose and legal basis of data processing

We process the personal data specified above in accordance with the provisions of the GDPR, the other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Art. 6 para. 1 sentence 1 lit. f GDPR, the purposes mentioned also represent our legitimate interests.

The processing of log data serves statistical purposes and to improve the quality of our website, in particular the stability and security of the connection (legal basis is Art. 6 para. 1 sentence 1 lit. a or lit. f GDPR).

The processing of contact form data is carried out to process enquiries (legal basis is Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR).

If the processing of the data requires the storage of information in Your device or access to information that is already stored in the device, Section 25 (1), (2) TTDSG is the legal basis for this.

(4) Duration of data processing

Your data will only be processed for the period necessary to fulfil the above-mentioned processing purposes; the legal bases specified in the context of the processing purposes apply accordingly. With regard to the use and storage duration of cookies, please refer to point A.(4).

Third parties appointed by us will store your data on their system as long as necessary in connection with the provision of the services for us in accordance with the respective order.

(5) Transfer of personal data to third parties; basis for justification

The following categories of recipients, which are usually processors (see A.(7)), may have access to your personal data:

• Service providers for the operation of our websites and the processing of data stored or transmitted by the systems (e.g. for data centre services, payment processing, IT security). The legal basis for the transfer is then Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR, insofar as these are not processors;
• Government bodies/authorities, insofar as this is necessary to fulfil a legal obligation. The legal basis for the disclosure is then Art. 6 para. 1 sentence 1 lit. c GDPR;
• Persons appointed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors or supervisory authorities). The legal basis for the disclosure is then Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR.

For the guarantees of an adequate level of data protection when transferring data to third countries, see A.(8).

In addition, we only pass on your personal data to third parties if you have given your express consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR.

(6) Use of cookies, plugins and other services on our websites

We do not use cookies or social media plugins on our websites. If our websites contain symbols from social media providers (e.g. YouTube), we only use these to passively link to the pages of the respective providers.

C. Applications

You can apply to us by e-mail. Below we inform you about the processing of personal data as part of the application process.

In the course of your application, we will process the application data listed as follows:

• Surname, first name,
• Telephone number (private or mobile),
• e-mail address,
• Application documents (cover letter, CV, photos, certificates, etc.)
  

We process the data that you have sent us in connection with your application documents exclusively for the purpose of filling the advertised position. Your application data will not be used for any other purpose or passed on to third parties.

According to § 26 BDSG, the processing of personal data required in connection with the decision to establish an employment relationship is permitted. Should the data be required for legal prosecution after completion of the application process, data processing may be carried out in accordance with Section 6 GDPR, in particular to safeguard legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR. Our legitimate interest then consists, for example, in the assertion or defence of claims.

Your application data will be deleted 6 months after completion of the application process. This does not apply if legal provisions prevent deletion, if further storage is necessary for the purpose of providing evidence or if you have consented to extended storage.