The use of the EASP website is possible without any indication of personal data; however, if a data subject (see definition of terms below) would like to use certain services on our website, in particular, member services, then processing of certain personal data may be necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, email address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the EASP. By means of this data protection declaration, we would like to inform the general public and EASP members of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the EASP has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g., by telephone.
The following data protection declaration is based on terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our members and partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, inter alia, the following terms:
- Personal data: Personal data means any information relating to an identified or identifiable natural person (“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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- Data subject: A data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
- Processing: Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- Restriction of processing: Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
- Profiling: Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
- Pseudonymisation: Pseudonymisation is the processing of personal data in such a manner 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 are not attributed to an identified or identifiable natural person.
- Controller or controller responsible for the processing: A controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
- Processor: A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- Recipient: A recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
- Third-party: A third-party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
- Consent: Consent of the data subject is 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
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Represented by its president: Prof. Dr. Kai Sassenberg
IWM, Schleichstr. 6, D-72076 Tübingen, Germany
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the web browser used, and may thus permanently deny the setting of cookies. As cookies are stored on the user's computer system, they can be deleted by the user at any time, either via a web browser settings or other software programs. However, if the data subject deactivates the setting of cookies in the web browser used, not all functions of our website may be entirely usable.
4. Collection of general data and information (Server logs)
The webserver on which the EASP website is hosted automatically collects a series of general data and information provided by the data subject’s browser when the data subject visits the EASP website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used, (3) the website URL from which the EASP website was reached (so-called referrers), (4) the date and time of access to the website, (5) the pseudonymised IP address, (6) the Internet service provider, and (7) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the controller does not draw any conclusions about the data subject. Rather, this information is used to (1) deliver the content of our website correctly, (2) ensure the long-term viability of our information technology systems and website technology, and (3) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, an analysis of anonymously collected data, with the aim of increasing data protection and data security, and to ensure an optimal level of protection for the personal data we process may be carried out. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Members’ area on the EASP website
The data subject has the possibility to log into the members’ area on the EASP website by use of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the login. The personal data entered by the data subject are collected and stored exclusively enabling the functionality of the members’ area for the data subject, and for their own purposes. The controller may request a transfer to one or more processors (e.g., web hosting provider and/or service, publishers providing access to journals as part of membership benefits) that also uses personal data for an internal purpose which is attributable to the controller.
By logging into the members’ area on the EASP website, the following data is stored for a limited time (typically one month): these are (a) the data subject’s IP address, as assigned by the Internet service provider (ISP), (b) the date, time and duration of the login, and (c) other similar data, such as the type and version of browser used by the data subject, and information that may be used in the event of attacks on our information technology systems. The storage of this data takes place against the background that this is the only way to prevent the misuse of the EASP website services, and, if necessary, to make it possible to investigate committed offences. This data is not passed on to third-parties unless there is a statutory obligation to pass on such data, or if the transfer serves the aim of criminal prosecution.
The registration of a data subject for access to the member area, with voluntary indication of personal data, is intended to enable the controller to offer content and services that are exclusively offered to EASP members. EASP members are free to change or have their personal data changed, which was specified during membership registration or thereafter, or to have such data completely deleted from the data stock of the controller.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the EASP executive committee is available to the data subject in this respect as contact persons.
6. Subscription to the member newsletter
The EASP informs its members 2-3 times a year by means of a newsletter about the association’s activities. The association’s newsletter may only be received by the member if (1) the member has a valid e-mail address, and (2) the member has indicated that they consent to receive such.
In the members’ area of the EASP website, members are given the opportunity to subscribe and unsubscribe to the association’s newsletter. The input mask(s) used for this purpose determine(s) what personal data are transmitted. The subscription to the EASP newsletter may be terminated by the member at any time. This can be done in the members’ area on the EASP website, by contacting the controller via email, or by communicating this to the controller in a different way.
Additionally, members subscribing to the newsletter may be contacted by email, if this should become necessary for the operation of the newsletter service, as could be the case in the event of modifications to the newsletter offer, or through a change in technical circumstances. No personal data will be transferred to third-parties in relation to the newsletter service.
7. Contact possibility via the website
The EASP website contains information that enables a quick electronic contact to the executive officer of the association, as well as direct communication with the executive committee of the association or its processors. If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data, transmitted on a voluntary basis by a data subject to the data controller, are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third-parties.
8. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
9. Rights of the data subject
- Right of confirmation: Each data subject shall have the right, granted by the European legislator, to obtain from the controller the confirmation as to whether or not personal data concerning them are being processed. If a data subject wishes to avail of this right of confirmation, they may, at any time, contact the controller.
- Right of access: Each data subject shall have the right, granted by the European legislator, to obtain free information about their personal data stored at any time and a copy of this information from the controller. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
- Right to rectification: Each data subject shall have the right, granted by the European legislator, to obtain from the controller without undue delay the rectification of inaccurate personal data concerning themselves. Taking into account the purpose of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, they may, at any time, contact the controller.
- Right to erasure (Right to be forgotten): Each data subject shall have the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning themselves without undue delay, and the controller has an obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary. For example, when:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- the data subject withdraws consent of processing, based on and according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for processing;
- the data subject objects to the processing pursuant to Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing or the data subject objects to the processing pursuant to Article 21(2) of the GDPR;
- the personal data have been unlawfully processed;
- the personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
- the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as a processing of such personal data is not required. Any executive committee members of the EASP will arrange the necessary measures in individual cases.
- Right of restriction of processing: Each data subject shall have the right, granted by the European legislator, to obtain from the controller restriction of processing where one of the following applies:
- the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and the data subject opposes the erasure of the personal data and instead requests the restriction of their use;
- the controller no longer needs the personal data for the purposes of processing, but such is required by the data subject for the establishment, exercise or defence of legal claims;
- the data subject has objected to processing pursuant to Article 21(1) of the GDPR pending verification whether the legitimate grounds of the controller override those of the data subject.
- Right to data portability: Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a processor or controller, in a structured, commonly-used and machine-readable format. Further, the data subject shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as 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, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. In order to assert the right to data portability, the data subject may at any time contact any executive committee member of the EASP.
- Right to object: Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning themselves, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The controller shall no longer process the personal data in the event of the objection unless the controller can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the controller processes personal data for direct marketing purposes, the data subject shall have the right to object to the processing of their personal data at any time. This applies to profiling to the extent that it is related to direct marketing. If the data subject objects to the processing for direct marketing purposes, the controller will no longer process the personal data for such purposes.
In addition, the data subject shall have the right, on grounds relating to their particular situation, to object to processing of personal data by the controller for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any executive committee member of the EASP. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
- Automated individual decision-making, including profiling: Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning themselves, or similarly significantly affects them, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, they may, at any time, contact any member of the executive committee of the EASP.
- Right to withdraw data protection consent: Each data subject shall have the right granted by the European legislator to withdraw his or her consent to the processing of their personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any EASP executive committee member.
10. Data protection provisions for web analysis software
The EASP website uses Matomo, an open-source software tool for web analysis. Web analysis is the collection, gathering and evaluation of data on the behaviour of visitors to and from websites. A web analysis tool collects, inter alia, data about which website a data subject came from to visit a website (so-called referrer), and which pages of a website were accessed, how often, and for which period of time a page or sub-page was viewed. A web analysis tool is mainly used for the optimization of a website, and for example, the cost-benefit analysis of Internet advertising.
The purpose of the Matomo software as implemented on the EASP website is the analysis of visitor flows. The controller may use the obtained data and information, inter alia, to evaluate the use of this website in order to compile reports, which show the activities of the EASP website.
Both the EASP website and the Matomo software are operated on a secure SSL encrypted server controlled and operated by the EASP website provider. The related data protection-sensitive log files and database are also stored exclusively on this server.
Matomo sets a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, an analysis of the use of the EASP website is enabled. With each call-up to one of the individual pages of the EASP website, the web browser on the information technology system of the data subject is automatically prompted to deliver data for the purpose of analysis through Matomo.
During the course of this technical procedure, knowledge about personal information can be obtained by the controller. The cookie set by the Matomo software is used to store personal information, such as the access time, the approximate geographic location from which access was made, and the frequency of visits to the EASP website. With each visit of the website, these personal data, including the anonymised IP address of the Internet access used by the data subject, are stored by the Matomo software. The controller does not transfer or share such personal data with third-parties.
The data subject may, as stated above, prevent the setting of cookies through the EASP website at any time by means of a corresponding adjustment of the accessing web browser and thus permanently deny the setting of cookies. Such an adjustment to the data subject’s web browser would also prevent Matomo from setting a cookie on the data subject’s information technology system. In addition, cookies already in use by Matomo may be deleted at any time via the data subject’s web browser or other software programs.
In addition, the data subject has the possibility of objecting to a collection of data relating to the use of the EASP website, generated and processed by the Matomo software, and also to preclude any such data collection. For this, the data subject may set a "Do Not Track" option in their browser.
Moreover, anonymised tracking on the EASP website can be prevented through the Matomo software by disabling it using the form below. By opting out, a so called “opt-out” cookie is set on the data subject’s information technology system. It directs the Matomo software to no longer collect any information relevant for web analysis from the data subject during their visit to the EASP website.
If a data subject deletes all cookies from their information technology system, this will also include any “opt-out” cookie. In such cases, the setting opt-out above setting will have to be made again.
Further information and the applicable data protection provisions of Matomo may be retrieved under: https://matomo.org/privacy/
11. Data protection provisions about the application and use of Twitter
Although the EASP website currently (May 2018) does not integrate any components of Twitter, it may do at some point in the future. Twitter is a multilingual, publicly-accessible microblogging service on which users publish and spread so-called ‘tweets,’ e.g., short messages, which are currently limited to 280 characters. These short messages are usually available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective Twitter user. Followers are other Twitter users who follow a user's tweets. Moreover, Twitter enables addressing of a wide audience via hashtags, links or retweets.
The operating company of Twitter is:
Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA.
An integrated or embedded Twitter component on any page of a website may invoke the data subject’s web browser to download and display a respective Twitter component. Further information about Twitter components is available under: https://about.twitter.com/de/resources/buttons
During the course of this technical procedure, Twitter may gain knowledge which specific EASP page or sub-page was visited by the data subject. The purpose of the integration of Twitter components is the (partial) retransmission of the contents of a particular website page. This allows visitors to disseminate and share website content with the digital world, which in turn may increase the number of visitors to the website.
If the data subject is logged into a Twitter account while visiting a page or sub-page of the website, Twitter may detect which website page or sub-page was visited by the data subject. This information is collected through the Twitter component and associated with the respective Twitter account accessed by the data subject. If the data subject clicks on one of the Twitter buttons integrated on a page of the website, Twitter may assign and attribute respective information to the Twitter user account accessed by the data subject.
Twitter receives information via the Twitter component that the data subject visited a particular page or sub-page on the website, provided that the data subject is logged in on Twitter at the time of the call-up to our website. This may occur regardless of whether the data subject clicks on a Twitter component or not. The transmission of such information to Twitter can be prevented by the data subject, by logging off from the accessed Twitter account before a page or sub-page of the website is visited.
The applicable data protection provisions of Twitter may be accessed under:
12. Legal basis for processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which the controller 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 party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide a particular service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning controller’s products or services. Is the controller subject to a legal obligation by which processing of personal data is required, such as the fulfilment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a member were to be injured at an event organized by the controller and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third-party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third-party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. A legitimate interest considered could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
13. Legitimate interests pursued by the controller or a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR, the legitimate interest is to carry out activities in favour of the aims of the controller as they are stated in its organisation’s articles.
14. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After the expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.
15. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data.
The controller would like to clarify that the provision of personal data is partly required by law (e.g., tax regulations) or can also result from contractual provisions (e.g., information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when the controller signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact the controller. The controller clarifies with the data subject whether the provision of the 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, as well as the consequences of non-provision of the personal data.
16. Existence of automated decision-making
As a responsible non-profit organisation, the controller does not use automatic decision-making or profiling.
Last updated: 28 May 2018